2023S0284-1 03/09/23
By: Hancock S.B. No. 2209
A BILL TO BE ENTITLED
AN ACT
relating to municipal civil service for fire fighters and police
officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 143.003, Local Government Code, is
amended by adding Subdivision (6) to read as follows:
(6) "Civilian oversight commission" means any
civilian body created or appointed by a political subdivision to
practice oversight, monitoring, or investigations of fire fighters
or law enforcement officers or departments.
SECTION 2. Subchapter A, Chapter 143, Local Government
Code, is amended by adding Section 143.017 to read as follows:
Sec. 143.017. INVESTIGATIONS OF EMPLOYEES. An
investigation under this chapter may not be performed by a civilian
oversight commission.
SECTION 3. Section 143.089, Local Government Code, is
amended by amending Subsection (b) and adding Subsections (i) and
(j) to read as follows:
(b) A letter, memorandum, or document relating to alleged
misconduct by the fire fighter or police officer may not be placed
in the person's personnel file if the employing department
determines that there is insufficient evidence to sustain the
charge of misconduct. Letters, memoranda, or documents related to
alleged misconduct are confidential while the investigation is
pending. This subsection does not prohibit a law enforcement
agency hiring a police officer from viewing the contents of an
investigation file under Section 1701.451, Occupations Code.
(i) Notwithstanding Subsection (b), the employing
department may disclose information for a law enforcement purpose.
(j) A local ordinance, executive order, or rule adopted by a
political subdivision may not supersede any provision in this
section.
SECTION 4. Subchapter F, Chapter 143, Local Government
Code, is amended by adding Sections 143.091 and 143.092 to read as
follows:
Sec. 143.091. MUTUAL AGREEMENTS CONTROL. A mutual
agreement between a public employer and the bargaining agent
supersedes a local ordinance, executive order, or rule adopted by a
political subdivision.
Sec. 143.092. ELIGIBILITY FOR SERVICE ON A CIVILIAN
OVERSIGHT COMMISSION. A person is not eligible to serve on a
civilian oversight commission if the person:
(1) has been convicted of or placed on deferred
adjudication for a felony offense; or
(2) has been convicted of a crime of moral turpitude.
SECTION 5. Section 143.091, Local Government Code, as added
by this Act, applies to an agreement that was in effect on January
1, 2023.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.