88R32895 MZM-D
By: Hancock S.R. No. 692
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 88th
Legislature, Regular Session, 2023, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on House
Bill 4227 (provisions governing the municipal civil service of fire
fighters or police officers in certain municipalities) to consider
and take action on the following matter:
Senate Rule 12.03(4) is suspended to permit the committee to
add text on a matter not included in either the house or senate
version of the bill by adding the following new SECTIONS to the
bill:
SECTION 1. Section 143.003, Local Government Code, is
amended by amending Subdivision (1) and adding Subdivision (1-a) to
read as follows:
(1) "Civilian oversight board" means a board or office
established by a municipality to practice oversight, monitoring, or
investigations of fire fighters or police officers, or departments,
by members of the public who are not fire fighters or police
officers.
(1-a) "Commission" means the Fire Fighters' and Police
Officers' Civil Service Commission.
SECTION 3. Subchapter A, Chapter 143, Local Government
Code, is amended by adding Section 143.017 to read as follows:
Sec. 143.017. INVESTIGATION BY CIVILIAN OVERSIGHT BOARD
PROHIBITED. An investigation under this chapter may not be
performed by a civilian oversight board.
SECTION 4. Sections 143.089(b) and (f), Local Government
Code, are amended to read as follows:
(b) A letter, memorandum, or document relating to alleged
misconduct by the fire fighter or police officer:
(1) 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; and
(2) except as provided by Section 1701.451,
Occupations Code, may not be released to any agency or person
requesting the letter, memorandum, or document if there is a
pending investigation into the alleged misconduct.
(f) The director or the director's designee may not release
any information contained in a fire fighter's or police officer's
personnel file without first obtaining the person's written
permission, unless the release of the information is required by
law or for a law enforcement purpose.
SECTION 5. 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 AGREEMENT SUPERSEDES CERTAIN
MUNICIPAL LAW. For a municipality with a collective bargaining
agreement or a meet-and-confer agreement with the municipality's
fire department or police department, the agreement supersedes an
ordinance, executive order, or rule adopted by the municipality.
Sec. 143.092. ELIGIBILITY FOR CIVILIAN OVERSIGHT BOARD. A
person is not eligible to serve on a civilian oversight board if the
person has been:
(1) convicted of or placed on deferred adjudication
community supervision for a felony offense; or
(2) convicted of a crime of moral turpitude.
SECTION 6. Section 143.306, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d) A municipal charter, ordinance, executive order, or
rule adopted by a municipality that restricts or conditions the
authority of a public employer to enter into a written agreement
under this subchapter is void and unenforceable.
SECTION 7. Section 143.091, Local Government Code, as added
by this Act, applies to a collective bargaining agreement or a
meet-and-confer agreement that was in effect on or after January 1,
2023.
Explanation: The changes are necessary to make certain
changes to law relating to municipal civil service systems for fire
fighters and police officers in certain municipalities.