87R3739 NC-F
	By: Hinojosa	H.B. No. 1216

	A BILL TO BE ENTITLED
	AN ACT
	relating to civil service commission hearings for certain
	disciplinary actions against police officers in certain
	municipalities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 142.067, Local Government Code, is
	amended to read as follows:
	Sec. 142.067.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
	(a) Except as provided by Subsection (b), a [A] written meet and
	confer agreement ratified under this subchapter preempts, during
	the term of the agreement and to the extent of any conflict, all
	contrary state statutes, local ordinances, executive orders, civil
	service provisions, or rules adopted by the head of the law
	enforcement agency or municipality or by a division or agent of the
	municipality, such as a personnel board or a civil service
	commission.
	(b)  A meet and confer agreement between a municipality or a
	law enforcement agency of a municipality and a police officers
	association under this subchapter may not conflict with and does
	not supersede Section 143.010(b), (c-1), (e), or (g) or
	143.054(c-1), (c-2), or (d-1) if the municipality has adopted
	Chapter 143.
	SECTION 2.  Section 143.010, Local Government Code, is
	amended by amending Subsections (b), (e), and (g) and adding
	Subsection (c-1) to read as follows:
	(b)  The appeal must include the basis for the appeal and a
	request for a commission hearing. The appeal must also contain a
	statement denying the truth of the charge as made, a statement
	taking exception to the legal sufficiency of the charge, a
	statement alleging that the recommended action does not fit the
	offense or alleged offense, or a combination of these statements.
	An appeal by a police officer for a charge for an incident that
	involves an individual who is a member of the public must also
	include the name and address of each involved individual.
	(c-1)  Not later than the 30th day before the date of a
	commission hearing, the commission shall notify each individual
	listed in an appeal by a police officer of the date and time of the
	hearing, the individual's right to attend, and instructions for
	exercising the individual's rights relating to the hearing.  Not
	later than the fifth day before the date of the hearing, a member of
	the public, whether listed in the appeal or not, may provide
	evidence to the commission, including documentation in support of
	an allegation against a police officer that is the basis of a
	disciplinary action.
	(e)  The affected fire fighter or police officer or an
	individual named by the police officer as directly involved in the
	incident that is the basis of the disciplinary action may request
	the commission to subpoena any books, records, documents, papers,
	accounts, or witnesses that the fire fighter, [or] police officer,
	or individual considers pertinent to the case. The fire fighter,
	[or] police officer, or individual must make the request before the
	10th day before the date the commission hearing will be held. If
	the commission does not subpoena the material, the commission
	shall, before the third day before the date the hearing will be
	held, make a written report to the fire fighter, [or] police
	officer, or individual stating the reason it will not subpoena the
	requested material. This report shall be read into the public
	record of the commission hearing.
	(g)  The commission shall conduct the hearing fairly and
	impartially as prescribed by this chapter and shall render a just
	and fair decision. The commission may consider only the evidence
	submitted at the hearing and, if applicable, any evidence submitted
	by a member of the public under Subsection (c-1) and any evidence
	provided in response to that evidence.
	SECTION 3.  Section 143.054, Local Government Code, is
	amended by amending Subsection (c) and adding Subsections (c-1),
	(c-2), and (d-1) to read as follows:
	(c)  The commission may refuse to grant the request for
	demotion of a fire fighter.
	(c-1)  Before the commission may refuse to grant a request
	for demotion of a police officer, the commission shall request from
	the department the contact information for any individual involved
	in any incident leading the department to recommend demotion,
	including a member of the public or another police officer.  The
	commission shall notify an involved individual that the individual
	may request a public hearing and present reasons why the commission
	should grant the department's request for demotion of the police
	officer.  If there are no involved individuals or the commission
	does not receive a request for a public hearing from an involved
	individual before the 10th day after the date notice was given to
	the individual, the commission may refuse to grant the request for
	demotion.
	(c-2)  If the commission believes that probable cause exists
	for ordering the demotion, the commission shall give the fire
	fighter or police officer written notice to appear before the
	commission for a public hearing at a time and place specified in the
	notice. The commission shall give the notice before the 10th day
	before the date the hearing will be held.
	(d-1)  Before the 10th day before the date the public hearing
	is held, the commission shall give an individual who is a member of
	the public with knowledge of a specific incident that is the basis
	of the recommendation of demotion of a police officer notice of the
	time and place of the hearing and of the individual's right to
	testify.
	SECTION 4.  Section 143.307, Local Government Code, is
	amended by amending Subsections (a) and (b) and adding Subsection
	(d) to read as follows:
	(a)  Except as provided by Subsection (d), an [An] agreement
	under this subchapter supersedes a previous statute concerning
	wages, salaries, rates of pay, hours of work, or other terms and
	conditions of employment to the extent of any conflict with the
	statute.
	(b)  Except as provided by Subsection (d), an [An] agreement
	under this subchapter preempts any contrary statute, executive
	order, local ordinance, or rule adopted by the state or a political
	subdivision or agent of the state, including a personnel board, a
	civil service commission, or a home-rule municipality.
	(d)  An agreement under this subchapter affecting police
	officers may not conflict with and does not supersede Section
	143.010(b), (c-1), (e), or (g) or 143.054(c-1), (c-2), or (d-1).
	SECTION 5.  Section 143.361, Local Government Code, is
	amended by amending Subsections (a) and (b) and adding Subsection
	(d) to read as follows:
	(a)  Except as provided by Subsection (d), a [A] written
	agreement ratified under this subchapter between a public employer
	and the bargaining agent supersedes a previous statute concerning
	wages, salaries, rates of pay, hours of work, and other terms of
	employment other than pension benefits to the extent of any
	conflict with the previous statute.
	(b)  Except as provided by Subsection (d), a [A] written
	agreement ratified under this subchapter preempts all contrary
	local ordinances, executive orders, legislation, or rules adopted
	by the state or a political subdivision or agent of the state, such
	as a personnel board, a civil service commission, or a home-rule
	municipality.
	(d)  An agreement under this subchapter may not conflict with
	and does not supersede Section 143.010(b), (c-1), (e), or (g) or
	143.054(c-1), (c-2), or (d-1).
	SECTION 6.  Section 174.005, Local Government Code, is
	amended to read as follows:
	Sec. 174.005.  PREEMPTION OF OTHER LAW. (a) Except as
	provided by Subsection (b), this [This] chapter preempts all
	contrary local ordinances, executive orders, legislation, or rules
	adopted by the state or by a political subdivision or agent of the
	state, including a personnel board, civil service commission, or
	home-rule municipality.
	(b)  This chapter does not authorize the adoption or
	implementation of an agreement affecting police officers that
	conflicts with Section 143.010(b), (c-1), (e), or (g) or
	143.054(c-1), (c-2), or (d-1).  An agreement adopted under this
	chapter must implement those sections.
	SECTION 7.  The changes in law made by this Act apply only to
	a disciplinary action for conduct that occurs on or after September
	1, 2021. Conduct that occurs before that date is governed by the
	law in effect immediately before that date, and the former law is
	continued in effect for that purpose.
	SECTION 8.  Sections 142.067(b), 143.307(d), 143.361(d),
	and 174.005(b), Local Government Code, as added by this Act, apply
	only to an agreement entered into or renewed on or after September
	1, 2021.  An agreement entered into or renewed before September 1,
	2021, is governed by the law in effect on the date the agreement was
	entered into or renewed, and the former law is continued in effect
	for that purpose.
	SECTION 9.  This Act takes effect September 1, 2021.