Texas 2023 - 88th Regular

Texas Senate Bill SB2209 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R26743 DRS-F
2	2	By: Hancock S.B. No. 2209
3	3	(Holland)
4	4	Substitute the following for S.B. No. 2209: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to provisions governing the municipal civil service of
10	10	fire fighters or police officers in certain municipalities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 143.003, Local Government Code, is
13	13	amended by amending Subdivision (1) and adding Subdivision (1-a) to
14	14	read as follows:
15	15	(1) "Civilian oversight board" means a board or office
16	16	established by a municipality to practice oversight, monitoring, or
17	17	investigations of fire fighters or police officers, or departments,
18	18	by members of the public who are not fire fighters or police
19	19	officers.
20	20	(1-a) "Commission" means the Fire Fighters' and Police
21	21	Officers' Civil Service Commission.
22	22	SECTION 2. Subchapter A, Chapter 143, Local Government
23	23	Code, is amended by adding Section 143.017 to read as follows:
24	24	Sec. 143.017. INVESTIGATION BY CIVILIAN OVERSIGHT BOARD
25	25	PROHIBITED. An investigation under this chapter may not be
26	26	performed by a civilian oversight board.
27	27	SECTION 3. Sections 143.089(b) and (f), Local Government
28	28	Code, are amended to read as follows:
29	29	(b) A letter, memorandum, or document relating to alleged
30	30	misconduct by the fire fighter or police officer:
31	31	(1) may not be placed in the person's personnel file if
32	32	the employing department determines that there is insufficient
33	33	evidence to sustain the charge of misconduct; and
34	34	(2) except as provided by Section 1701.451,
35	35	Occupations Code, may not be released to any agency or person
36	36	requesting the letter, memorandum, or document if there is a
37	37	pending investigation into the alleged misconduct.
38	38	(f) The director or the director's designee may not release
39	39	any information contained in a fire fighter's or police officer's
40	40	personnel file without first obtaining the person's written
41	41	permission, unless the release of the information is required by
42	42	law or for a law enforcement purpose.
43	43	SECTION 4. Subchapter F, Chapter 143, Local Government
44	44	Code, is amended by adding Sections 143.091 and 143.092 to read as
45	45	follows:
46	46	Sec. 143.091. MUTUAL AGREEMENT SUPERSEDES CERTAIN
47	47	MUNICIPAL LAW. For a municipality with a collective bargaining
48	48	agreement or a meet-and-confer agreement with the municipality's
49	49	fire department or police department, the agreement supersedes an
50	50	ordinance, executive order, or rule adopted by the municipality.
51	51	Sec. 143.092. ELIGIBILITY FOR CIVILIAN OVERSIGHT BOARD. A
52	52	person is not eligible to serve on a civilian oversight board if the
53	53	person has been:
54	54	(1) convicted of or placed on deferred adjudication
55	55	community supervision for a felony offense; or
56	56	(2) convicted of a crime of moral turpitude.
57	57	SECTION 5. Section 143.306, Local Government Code, is
58	58	amended by adding Subsection (d) to read as follows:
59	59	(d) A municipal charter, ordinance, executive order, or
60	60	rule adopted by a municipality that restricts or conditions the
61	61	authority of a public employer to enter into a written agreement
62	62	under this subchapter is void and unenforceable.
63	63	SECTION 6. Section 143.091, Local Government Code, as added
64	64	by this Act, applies to a collective bargaining agreement or a
65	65	meet-and-confer agreement that was in effect on or after January 1,
66	66	2023.
67	67	SECTION 7. This Act takes effect immediately if it receives
68	68	a vote of two-thirds of all the members elected to each house, as
69	69	provided by Section 39, Article III, Texas Constitution. If this
70	70	Act does not receive the vote necessary for immediate effect, this
71	71	Act takes effect September 1, 2023.