Texas 2025 - 89th Regular

Texas House Bill HB881 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1384 SCL-F
2	2	By: Thompson H.B. No. 881
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a progressive disciplinary matrix for police officer
10	10	misconduct in certain municipalities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 142, Local Government
13	13	Code, is amended by adding Section 142.0605 to read as follows:
14	14	Sec. 142.0605. PROGRESSIVE DISCIPLINARY MATRIX. (a) A
15	15	public employer shall implement a progressive disciplinary matrix,
16	16	as described by Section 143.0511, for municipal police officers if
17	17	the municipality has not adopted Chapter 143.
18	18	(b) The public employer shall adopt rules necessary to
19	19	implement the progressive disciplinary matrix.
20	20	SECTION 2. Section 142.067, Local Government Code, is
21	21	amended to read as follows:
22	22	Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
23	23	(a) Except as provided by Subsection (b), a [A] written meet and
24	24	confer agreement ratified under this subchapter preempts, during
25	25	the term of the agreement and to the extent of any conflict, all
26	26	contrary state statutes, local ordinances, executive orders, civil
27	27	service provisions, or rules adopted by the head of the law
28	28	enforcement agency or municipality or by a division or agent of the
29	29	municipality, such as a personnel board or a civil service
30	30	commission.
31	31	(b) An agreement under this subchapter:
32	32	(1) must implement the progressive disciplinary
33	33	matrix established under Section 142.0605 or 143.0511; and
34	34	(2) may not conflict with and does not supersede a
35	35	statute, ordinance, order, civil service provision, or rule
36	36	concerning the disciplinary actions that may be imposed on a police
37	37	officer under the progressive disciplinary matrix.
38	38	SECTION 3. Section 143.003, Local Government Code, is
39	39	amended by adding Subdivision (6) to read as follows:
40	40	(6) "Progressive disciplinary matrix" means a formal
41	41	schedule for disciplinary actions that may be taken against a
42	42	police officer as described by Section 143.0511.
43	43	SECTION 4. Section 143.008, Local Government Code, is
44	44	amended by amending Subsection (c) and adding Subsection (c-1) to
45	45	read as follows:
46	46	(c) The commission shall adopt rules that prescribe cause
47	47	for removal or suspension of a fire fighter [or police officer]. The
48	48	rules must comply with the grounds for removal prescribed by
49	49	Section 143.051.
50	50	(c-1) The commission shall adopt rules that prescribe the
51	51	disciplinary actions that may be taken against a police officer
52	52	under a progressive disciplinary matrix.
53	53	SECTION 5. Subchapter D, Chapter 143, Local Government
54	54	Code, is amended by adding Section 143.0511 to read as follows:
55	55	Sec. 143.0511. PROGRESSIVE DISCIPLINARY MATRIX. (a) The
56	56	commission shall implement a progressive disciplinary matrix for
57	57	infractions committed by police officers that consists of a range
58	58	of progressive disciplinary actions applied in a standardized way
59	59	based on the nature of the infraction and the officer's prior
60	60	conduct record, including removal, suspension, change of duty or
61	61	assignment, demotion, deduction of points from a promotional
62	62	examination grade, retraining, a written warning, or a written
63	63	reprimand.
64	64	(b) The progressive disciplinary matrix must include:
65	65	(1) standards for disciplinary actions relating to the
66	66	use of force against another person, including the failure to
67	67	de-escalate force incidents in accordance with departmental
68	68	policy;
69	69	(2) standards for evaluating the level of discipline
70	70	appropriate for uncommon infractions; and
71	71	(3) presumptive actions to be taken for each type of
72	72	infraction and any adjustment to be made based on a police officer's
73	73	previous disciplinary record.
74	74	SECTION 6. Section 143.057, Local Government Code, is
75	75	amended by amending Subsection (a) and adding Subsection (b-1) to
76	76	read as follows:
77	77	(a) In addition to the other notice requirements prescribed
78	78	by this chapter, the written notice for a promotional bypass or the
79	79	letter of disciplinary action, as applicable, issued to a fire
80	80	fighter or police officer must state that in an appeal of an
81	81	indefinite suspension, a suspension, a promotional bypass, [or] a
82	82	recommended demotion, or, if issued to a police officer, any other
83	83	disciplinary sanction, the appealing fire fighter or police officer
84	84	may elect to appeal to an independent third party hearing examiner
85	85	instead of to the commission. The letter must also state that if the
86	86	fire fighter or police officer elects to appeal to a hearing
87	87	examiner, the person waives all rights to appeal to a district court
88	88	except as provided by Subsection (j).
89	89	(b-1) A hearing examiner must presume a disciplinary action
90	90	applied to a police officer under a progressive disciplinary matrix
91	91	is reasonable unless the facts indicate that the police department
92	92	inappropriately applied a category of offense to the particular
93	93	violation.
94	94	SECTION 7. Section 143.307, Local Government Code, is
95	95	amended by amending Subsections (a) and (b) and adding Subsection
96	96	(d) to read as follows:
97	97	(a) Except as provided by Subsection (d), an [An] agreement
98	98	under this subchapter supersedes a previous statute concerning
99	99	wages, salaries, rates of pay, hours of work, or other terms and
100	100	conditions of employment to the extent of any conflict with the
101	101	statute.
102	102	(b) Except as provided by Subsection (d), an [An] agreement
103	103	under this subchapter preempts any contrary statute, executive
104	104	order, local ordinance, or rule adopted by the state or a political
105	105	subdivision or agent of the state, including a personnel board, a
106	106	civil service commission, or a home-rule municipality.
107	107	(d) An agreement under this subchapter affecting police
108	108	officers:
109	109	(1) must implement the progressive disciplinary
110	110	matrix established under Section 143.0511; and
111	111	(2) may not conflict with and does not supersede a
112	112	statute, order, ordinance, or rule concerning the disciplinary
113	113	actions that may be imposed on a police officer under the
114	114	progressive disciplinary matrix.
115	115	SECTION 8. Section 143.361, Local Government Code, is
116	116	amended by amending Subsections (a) and (b) and adding Subsection
117	117	(d) to read as follows:
118	118	(a) Except as provided by Subsection (d), a [A] written
119	119	agreement ratified under this subchapter between a public employer
120	120	and the bargaining agent supersedes a previous statute concerning
121	121	wages, salaries, rates of pay, hours of work, and other terms of
122	122	employment other than pension benefits to the extent of any
123	123	conflict with the previous statute.
124	124	(b) Except as provided by Subsection (d), a [A] written
125	125	agreement ratified under this subchapter preempts all contrary
126	126	local ordinances, executive orders, legislation, or rules adopted
127	127	by the state or a political subdivision or agent of the state, such
128	128	as a personnel board, a civil service commission, or a home-rule
129	129	municipality.
130	130	(d) An agreement under this subchapter affecting police
131	131	officers:
132	132	(1) must implement the progressive disciplinary
133	133	matrix established under Section 143.0511; and
134	134	(2) may not conflict with and does not supersede an
135	135	ordinance, order, statute, or rule concerning the disciplinary
136	136	actions that may be imposed on a police officer under the
137	137	progressive disciplinary matrix.
138	138	SECTION 9. Section 174.005, Local Government Code, is
139	139	amended to read as follows:
140	140	Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as
141	141	provided by Subsection (b), this [This] chapter preempts all
142	142	contrary local ordinances, executive orders, legislation, or rules
143	143	adopted by the state or by a political subdivision or agent of the
144	144	state, including a personnel board, civil service commission, or
145	145	home-rule municipality.
146	146	(b) An agreement under this chapter may not conflict with an
147	147	ordinance, order, statute, or rule concerning the disciplinary
148	148	actions that may be imposed on municipal police officers under a
149	149	progressive disciplinary matrix implemented by the municipal
150	150	public employer.
151	151	SECTION 10. Section 174.006, Local Government Code, is
152	152	amended by amending Subsection (a) and adding Subsection (a-1) to
153	153	read as follows:
154	154	(a) Except as provided by Subsection (a-1), a [A] state or
155	155	local civil service provision prevails over a collective bargaining
156	156	contract under this chapter unless the collective bargaining
157	157	contract specifically provides otherwise.
158	158	(a-1) A collective bargaining contract affecting municipal
159	159	police officers may not conflict with a state or local civil service
160	160	provision implementing a progressive disciplinary matrix under
161	161	this chapter or other law.
162	162	SECTION 11. Subchapter B, Chapter 174, Local Government
163	163	Code, is amended by adding Section 174.024 to read as follows:
164	164	Sec. 174.024. PROGRESSIVE DISCIPLINARY MATRIX FOR CERTAIN
165	165	POLICE OFFICERS. (a) A municipal public employer shall implement a
166	166	progressive disciplinary matrix, as described by Section 143.0511,
167	167	for municipal police officers if the municipality has not adopted
168	168	Chapter 143.
169	169	(b) The municipal public employer shall adopt rules
170	170	necessary to implement the progressive disciplinary matrix.
171	171	SECTION 12. The changes in law made by this Act to the Local
172	172	Government Code apply only to a disciplinary action for conduct
173	173	that occurs on or after March 1, 2026. Conduct that occurs before
174	174	that date is governed by the law in effect immediately before that
175	175	date, and the former law is continued in effect for that purpose.
176	176	SECTION 13. Sections 142.067(b), 143.307(d), 143.361(d),
177	177	174.005(b), and 174.006(a-1), Local Government Code, as added by
178	178	this Act, apply only to an agreement or contract entered into or
179	179	renewed on or after March 1, 2026. An agreement or contract entered
180	180	into or renewed before March 1, 2026, is governed by the law in
181	181	effect on the date the agreement or contract was entered into or
182	182	renewed, and the former law is continued in effect for that purpose.
183	183	SECTION 14. (a) The Bill Blackwood Law Enforcement
184	184	Management Institute of Texas shall consult with law enforcement
185	185	agencies of all sizes, law enforcement associations, law
186	186	enforcement training experts, and appropriate organizations
187	187	engaged in the development of law enforcement policy to develop a
188	188	model progressive disciplinary matrix, as defined by Section
189	189	143.003(6), Local Government Code, as added by this Act, and
190	190	associated training materials regarding the application of that
191	191	matrix. The institute shall provide for a period of public comment
192	192	before adopting the model progressive disciplinary matrix and
193	193	training materials.
194	194	(b) Not later than January 1, 2026, the institute shall
195	195	adopt and disseminate the model progressive disciplinary matrix and
196	196	training materials to all law enforcement agencies and civil
197	197	service commissions in this state.
198	198	(c) This section expires September 1, 2026.
199	199	SECTION 15. This Act takes effect September 1, 2025.