Bill Text: TX HB2044 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to matters concerning peace officers, including racial profiling, use of force, equipment, and disciplinary procedures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-25 - Left pending in committee [HB2044 Detail]
Download: Texas-2017-HB2044-Introduced.html
85R1579 NC/KJE-F | ||
By: Thompson of Harris | H.B. No. 2044 |
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relating to matters concerning peace officers, including racial | ||
profiling, use of force, equipment, and disciplinary procedures. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. RACIAL PROFILING, EQUIPMENT, AND USE OF FORCE PROVISIONS | ||
SECTION 1.01. Effective January 1, 2018, Article 2.132(b), | ||
Code of Criminal Procedure, is amended to read as follows: | ||
(b) Each law enforcement agency in this state shall adopt a | ||
detailed written policy on racial profiling. The policy must: | ||
(1) clearly define acts constituting racial | ||
profiling; | ||
(2) strictly prohibit peace officers employed by the | ||
agency from engaging in racial profiling; | ||
(3) implement a process by which an individual may | ||
file a complaint with the agency if the individual believes that a | ||
peace officer employed by the agency has engaged in racial | ||
profiling with respect to the individual; | ||
(4) provide public education relating to the agency's | ||
complaint process; | ||
(5) require appropriate corrective action to be taken | ||
against a peace officer employed by the agency who, after an | ||
investigation, is shown to have engaged in racial profiling in | ||
violation of the agency's policy adopted under this article; | ||
(6) require collection of information relating to | ||
motor vehicle stops in which a citation is issued and to arrests | ||
made as a result of those stops, including information relating to: | ||
(A) the race or ethnicity of the individual | ||
detained; | ||
(B) whether a search was conducted and, if so, | ||
whether: | ||
(i) the individual detained consented to | ||
the search; and | ||
(ii) any contraband or other evidence was | ||
discovered in the course of the search; and | ||
(C) whether the peace officer knew the race or | ||
ethnicity of the individual detained before detaining that | ||
individual; and | ||
(7) require the chief administrator of the agency, | ||
regardless of whether the administrator is elected, employed, or | ||
appointed, to submit an annual report of the information collected | ||
under Subdivision (6) to: | ||
(A) the Texas Commission on Law Enforcement; and | ||
(B) the governing body of each county or | ||
municipality served by the agency, if the agency is an agency of a | ||
county, municipality, or other political subdivision of the state. | ||
SECTION 1.02. Effective January 1, 2018, Article 2.134(c), | ||
Code of Criminal Procedure, is amended to read as follows: | ||
(c) A report required under Subsection (b) must be submitted | ||
by the chief administrator of the law enforcement agency, | ||
regardless of whether the administrator is elected, employed, or | ||
appointed, and must include: | ||
(1) a comparative analysis of the information compiled | ||
under Article 2.133 to: | ||
(A) evaluate and compare the number of motor | ||
vehicle stops, within the applicable jurisdiction, of persons who | ||
are recognized as racial or ethnic minorities and persons who are | ||
not recognized as racial or ethnic minorities; and | ||
(B) examine the disposition of motor vehicle | ||
stops made by officers employed by the agency, categorized | ||
according to the race or ethnicity of the affected persons, as | ||
appropriate, including any searches resulting from stops within the | ||
applicable jurisdiction and whether contraband or other evidence | ||
was discovered in the course of those searches; and | ||
(2) information relating to each complaint filed with | ||
the agency alleging that a peace officer employed by the agency has | ||
engaged in racial profiling. | ||
SECTION 1.03. Article 2.137, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The | ||
Department of Public Safety shall adopt rules for providing funds | ||
or video and audio equipment to law enforcement agencies for the | ||
purpose of installing video and audio equipment as described by | ||
Subsection (a-1) [ |
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criteria to prioritize funding or equipment provided to law | ||
enforcement agencies. The criteria may include consideration of | ||
tax effort, financial hardship, available revenue, and budget | ||
surpluses. The criteria must give priority to: | ||
(1) law enforcement agencies that employ peace | ||
officers whose primary duty is traffic enforcement; | ||
(2) smaller jurisdictions; and | ||
(3) municipal and county law enforcement agencies. | ||
(a-1) Funds or video and audio equipment provided to a law | ||
enforcement agency under this section may only be used to install: | ||
(1) video camera and transmitter-activated equipment | ||
in law enforcement motor vehicles regularly used by an officer | ||
employed by the agency to make motor vehicle stops; and | ||
(2) transmitter-activated equipment in law | ||
enforcement motorcycles regularly used by an officer employed by | ||
the agency to make motor vehicle stops. | ||
(a-2) In this article, "motor vehicle stop" has the meaning | ||
assigned by Article 2.132(a). | ||
(b) The Department of Public Safety shall collaborate with | ||
an institution of higher education to identify law enforcement | ||
agencies that need funds or video and audio equipment for the | ||
purpose of installing video and audio equipment as described by | ||
Subsection (a-1) [ |
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include the use of a survey to assist in developing criteria to | ||
prioritize funding or equipment provided to law enforcement | ||
agencies. | ||
(c) To receive funds or video and audio equipment from the | ||
state for the purpose of installing video and audio equipment as | ||
described by Subsection (a-1) [ |
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governing body of a county or municipality, in conjunction with the | ||
law enforcement agency serving the county or municipality, shall | ||
certify to the Department of Public Safety that the law enforcement | ||
agency needs funds or video and audio equipment for that purpose. | ||
(d) On receipt of funds or video and audio equipment from | ||
the state for the purpose of installing video and audio equipment as | ||
described by Subsection (a-1) [ |
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governing body of a county or municipality, in conjunction with the | ||
law enforcement agency serving the county or municipality, shall | ||
certify to the Department of Public Safety that the law enforcement | ||
agency: | ||
(1) has installed video and audio equipment as | ||
described by Subsection (a-1); [ |
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(2) is using the equipment to record by video and audio | ||
equipment or audio equipment, as appropriate, each motor vehicle | ||
stop made by an officer employed by the agency that is capable of | ||
being recorded [ |
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SECTION 1.04. Sections 9.51(a), (b), (c), and (d), Penal | ||
Code, are amended to read as follows: | ||
(a) A peace officer, or a person acting in a peace officer's | ||
presence and at the officer's [ |
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using nonlethal force against another when and to the degree the | ||
actor reasonably believes the force is immediately necessary to | ||
make or assist in making an arrest or search, or to prevent or | ||
assist in preventing escape after arrest, if: | ||
(1) the actor reasonably believes the arrest or search | ||
is lawful or, if the arrest or search is made under a warrant, the | ||
actor [ |
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(2) before using force, the actor manifests the | ||
actor's [ |
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[ |
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officer's direction, unless the actor [ |
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actor's [ |
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reasonably be made known to the person for whom arrest is authorized | ||
[ |
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(b) A person who is not [ |
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[ |
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in using nonlethal force against another when and to the degree the | ||
actor reasonably believes the force is immediately necessary to | ||
make or assist in making a lawful arrest, or to prevent or assist in | ||
preventing escape after lawful arrest if, before using force, the | ||
actor manifests the actor's [ |
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arrest or reasonably believes the actor's [ |
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reason are already known by or cannot reasonably be made known to | ||
the person for whom arrest is authorized [ |
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(c) A peace officer is justified in using deadly force | ||
against another when and to the degree the peace officer reasonably | ||
believes the deadly force is immediately necessary to make an | ||
arrest, or to prevent escape after arrest, if the use of force would | ||
have been justified under Subsection (a) and the actor: | ||
(1) [ |
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[ |
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poses an imminent threat of [ |
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serious bodily injury to the actor or another; and | ||
(2) first attempts to use nonlethal force to make the | ||
arrest or prevent the person's escape, unless the actor reasonably | ||
believes that nonlethal force is insufficient to mitigate the | ||
threat described by Subdivision (1) [ |
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(d) A person who is not [ |
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acting in a peace officer's presence and at the officer's [ |
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direction is justified in using deadly force against another when | ||
and to the degree the person reasonably believes the deadly force is | ||
immediately necessary to make a lawful arrest, or to prevent escape | ||
after a lawful arrest, if the use of force would have been justified | ||
under Subsection (b) and the actor: | ||
(1) [ |
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[ |
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poses an imminent threat of [ |
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serious bodily injury to the actor or another; and | ||
(2) first attempts to use nonlethal force to make or | ||
assist in making the arrest or to prevent or assist in preventing | ||
the person's escape, unless the actor reasonably believes that | ||
nonlethal force is insufficient to mitigate the threat described by | ||
Subdivision (1) [ |
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SECTION 1.05. Effective January 1, 2018, Article 2.135, | ||
Code of Criminal Procedure, is repealed. | ||
SECTION 1.06. The requirements of Articles 2.132 and 2.134, | ||
Code of Criminal Procedure, as amended by this article, relating to | ||
the compilation, analysis, and submission of incident-based data | ||
apply only to information based on a motor vehicle stop occurring on | ||
or after January 1, 2018. | ||
SECTION 1.07. The change in law made by this article to | ||
Section 9.51, Penal Code, applies only to an offense committed on or | ||
after September 1, 2017. An offense committed before September 1, | ||
2017, is governed by the law in effect on the date the offense was | ||
committed, and the former law is continued in effect for that | ||
purpose. For purposes of this section, an offense was committed | ||
before September 1, 2017, if any element of the offense occurred | ||
before that date. | ||
ARTICLE 2. DISCIPLINARY PROCEDURES | ||
SECTION 2.01. 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 [ |
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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) An agreement under this subchapter may not conflict with | ||
and does not supersede a statute, ordinance, order, civil service | ||
provision, or rule concerning the disciplinary actions that may be | ||
imposed on a police officer. The agreement must implement a | ||
progressive disciplinary matrix as described by Section 143.0511. | ||
SECTION 2.02. Section 143.003, Local Government Code, is | ||
amended by adding Subdivision (6) to read as follows: | ||
(6) "Progressive disciplinary matrix" means a formal | ||
schedule for disciplinary actions established under Section | ||
143.0511. | ||
SECTION 2.03. Section 143.008, Local Government Code, is | ||
amended by amending Subsection (c) and adding Subsection (c-1) to | ||
read as follows: | ||
(c) The commission shall adopt rules that prescribe cause | ||
for removal or suspension of a fire fighter [ |
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rules must comply with the grounds for removal prescribed by | ||
Section 143.051. | ||
(c-1) The commission shall adopt rules that prescribe the | ||
disciplinary actions that may be taken against a police officer | ||
under a progressive disciplinary matrix. | ||
SECTION 2.04. 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 the individual. | ||
(c-1) Not later than the 30th day before the date of a | ||
commission hearing, the commission shall notify the 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 third 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 an 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, [ |
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or individual considers pertinent to the case. The fire fighter, | ||
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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, [ |
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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). | ||
SECTION 2.05. Section 143.031, Local Government Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) Notwithstanding any other provision of this section, | ||
the commission may not open a promotional examination to a police | ||
officer who has a sustained complaint of the police officer using | ||
excessive force within: | ||
(1) the police officer's period of service, if the | ||
police officer has less than six years of service before the date | ||
the examination is held; or | ||
(2) the six-year period immediately before the date | ||
the examination is held, if the police officer has six years or more | ||
of service before that date. | ||
SECTION 2.06. Section 143.033, Local Government Code, is | ||
amended by adding Subsection (b-1) to read as follows: | ||
(b-1) In accordance with the progressive disciplinary | ||
matrix, points shall be deducted from the promotional examination | ||
grade of a police officer who was the subject of a disciplinary | ||
action within the six years immediately before the examination | ||
date. | ||
SECTION 2.07. Section 143.035(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) On the recommendation of the head of the police | ||
department and a majority vote of the sworn police officers in the | ||
department, the commission may adopt an alternate promotional | ||
system to select persons to occupy nonentry level positions other | ||
than positions that are filled by appointment by the department | ||
head. The promotional system must comply with the requirements | ||
prescribed by this section. In accordance with the progressive | ||
disciplinary matrix, points shall be deducted from the promotional | ||
examination grade of a police officer who was the subject of a | ||
disciplinary action within the six years immediately before the | ||
examination date. | ||
SECTION 2.08. Section 143.051, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 143.051. CAUSE FOR DISCIPLINARY ACTION [ |
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suspension of a fire fighter [ |
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it involves one or more of the following grounds: | ||
(1) conviction of a felony or other crime involving | ||
moral turpitude; | ||
(2) violations of a municipal charter provision; | ||
(3) acts of incompetency; | ||
(4) neglect of duty; | ||
(5) discourtesy to the public or to a fellow employee | ||
while the fire fighter [ |
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(6) acts showing lack of good moral character; | ||
(7) drinking intoxicants while on duty or intoxication | ||
while off duty; | ||
(8) conduct prejudicial to good order; | ||
(9) refusal or neglect to pay just debts; | ||
(10) absence without leave; | ||
(11) shirking duty or cowardice at fires[ |
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(12) violation of an applicable fire [ |
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department rule or special order. | ||
(b) A commission rule prescribing cause for taking | ||
disciplinary action against a police officer under a progressive | ||
disciplinary matrix is not valid unless the rule involves one or | ||
more of the following grounds: | ||
(1) conviction of a felony or other crime involving | ||
moral turpitude; | ||
(2) violations of a municipal charter provision; | ||
(3) acts of incompetency; | ||
(4) neglect of duty; | ||
(5) discourtesy to the public or to a fellow employee | ||
while the police officer is in the line of duty; | ||
(6) acts showing lack of good moral character; | ||
(7) drinking intoxicants while on duty or intoxication | ||
while off duty; | ||
(8) conduct prejudicial to good order, including use | ||
of excessive force against a member of the public; | ||
(9) failure to appropriately de-escalate in an | ||
encounter with a member of the public in accordance with police | ||
training; | ||
(10) refusal or neglect to pay just debts; | ||
(11) absence without leave; | ||
(12) shirking duty; or | ||
(13) violation of an applicable police department rule | ||
or special order. | ||
SECTION 2.09. Subchapter D, Chapter 143, Local Government | ||
Code, is amended by adding Section 143.0511 to read as follows: | ||
Sec. 143.0511. PROGRESSIVE DISCIPLINARY MATRIX. (a) The | ||
commission shall establish a progressive disciplinary matrix for | ||
infractions committed by police officers that consists of a range | ||
of progressive disciplinary actions applied in a standardized way | ||
based on the nature of the infraction, including removal, | ||
suspension, change of duty or assignment, demotion, deduction of | ||
points from a promotional examination grade, retraining, a written | ||
warning, or a written reprimand. | ||
(b) The matrix must include: | ||
(1) standards for disciplinary actions relating to the | ||
use of force against another person; | ||
(2) standards for evaluating the level of discipline | ||
appropriate for uncommon infractions; and | ||
(3) presumptive actions to be taken for each type of | ||
infraction and any adjustment to be made based on a police officer's | ||
previous disciplinary record. | ||
SECTION 2.10. Section 143.052, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 143.052. DISCIPLINARY SUSPENSIONS OF FIRE FIGHTERS IN | ||
CERTAIN MUNICIPALITIES. (a) This section does not apply to a | ||
municipality with a population of 1.5 million or more. | ||
(b) The head of the fire [ |
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a fire fighter [ |
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supervision or jurisdiction for the violation of a civil service | ||
rule. The suspension may be for a reasonable period not to exceed | ||
15 calendar days or for an indefinite period. An indefinite | ||
suspension is equivalent to dismissal from the department. | ||
(c) If the department head suspends a fire fighter [ |
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the hour of suspension, file a written statement with the | ||
commission giving the reasons for the suspension. The department | ||
head shall immediately deliver a copy of the statement in person to | ||
the suspended fire fighter [ |
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(d) The copy of the written statement must inform the | ||
suspended fire fighter [ |
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[ |
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days after the date the fire fighter [ |
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the statement. | ||
(e) The written statement filed by the department head with | ||
the commission must point out each civil service rule alleged to | ||
have been violated by the suspended fire fighter [ |
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[ |
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civil service rules. It is not sufficient for the department head | ||
merely to refer to the provisions of the rules alleged to have been | ||
violated. | ||
(f) If the department head does not specifically point out | ||
in the written statement the act or acts of the fire fighter [ |
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the commission shall promptly reinstate the fire fighter [ |
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(g) If offered by the department head, the fire fighter [ |
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right of appeal, a suspension of 16 to 90 calendar days for the | ||
violation of a civil service rule. The fire fighter [ |
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date the offer is made. If the fire fighter [ |
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offer and wants to appeal to the commission, the fire fighter | ||
[ |
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days after the date the fire fighter [ |
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the written statement of suspension. | ||
(h) In the original written statement and charges and in any | ||
hearing conducted under this chapter, the department head may not | ||
complain of an act that occurred earlier than the 180th day | ||
preceding the date the department head suspends the fire fighter | ||
[ |
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activity including the violation of a federal, state, or local law | ||
for which the fire fighter [ |
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criminal penalty, the department head may not complain of an act | ||
that is discovered earlier than the 180th day preceding the date the | ||
department head suspends the fire fighter [ |
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department head must allege that the act complained of is related to | ||
criminal activity. | ||
SECTION 2.11. Subchapter D, Chapter 143, Local Government | ||
Code, is amended by adding Section 143.0521 to read as follows: | ||
Sec. 143.0521. DISCIPLINARY SUSPENSIONS OF POLICE | ||
OFFICERS. (a) The head of the police department may suspend a | ||
police officer under the department head's supervision or | ||
jurisdiction for the violation of a civil service rule. The | ||
suspension may be for a reasonable period not to exceed 30 calendar | ||
days or for an indefinite period. An indefinite suspension is | ||
equivalent to dismissal from the department. | ||
(b) If the department head suspends a police officer, the | ||
department head shall, within 240 hours after the hour of | ||
suspension, file a written statement with the commission giving the | ||
reasons for the suspension. The department head shall immediately | ||
deliver a copy of the statement in person to the suspended police | ||
officer. | ||
(c) The copy of the written statement must inform the | ||
suspended police officer that to make an appeal to the commission, | ||
the police officer must file a written appeal with the commission | ||
within 10 days after the date the police officer receives the copy | ||
of the initial statement. | ||
(d) The initial written statement filed by the department | ||
head with the commission must point out each civil service rule | ||
alleged to have been violated by the suspended police officer and | ||
must describe the alleged acts of the police officer that the | ||
department head contends are in violation of the civil service | ||
rules. It is not sufficient for the department head merely to refer | ||
to the provisions of the rules alleged to have been violated. | ||
(e) If the incident that is the basis of the suspension is | ||
under investigation on the date the initial written statement must | ||
be filed, the department head shall provide the commission an | ||
estimated time needed to complete the investigation and provide the | ||
commission an updated, final statement after the investigation is | ||
completed. The commission may not conduct an appeal hearing before | ||
the department head has completed the investigation and provided | ||
the final written statement to the commission. The department head | ||
shall complete the investigation not later than the 180th day after | ||
the date the initial written statement was filed with the | ||
commission. If the investigation is transferred to a civilian | ||
review board, the civilian review board shall complete the | ||
investigation not later that the 270th day after the date the | ||
initial written statement was filed. | ||
(f) If the investigation is complete and the department head | ||
does not specify in the final written statement the act or acts of | ||
the police officer that allegedly violated the civil service rules, | ||
the commission shall promptly reinstate the police officer. | ||
(g) If offered by the department head, the police officer | ||
may agree in writing to voluntarily accept, with no right of appeal, | ||
a suspension of 16 to 90 calendar days for the violation of a civil | ||
service rule. The police officer must accept the offer within five | ||
working days after the date the offer is made. If the police | ||
officer refuses the offer and wants to appeal to the commission, the | ||
police officer must file a written appeal with the commission not | ||
later than the 15th day after the date the police officer receives | ||
the copy of the initial written statement of suspension. | ||
(h) In the written statement and charges and in any hearing | ||
conducted under this chapter, the department head may not complain | ||
of an act that occurred earlier than the 180th day preceding the | ||
date the department head suspends the police officer unless: | ||
(1) the act is related to an incident reported under | ||
Article 2.139, Code of Criminal Procedure, as added by Section 1, | ||
Chapter 516 (H.B. 1036), Acts of the 84th Legislature, Regular | ||
Session, 2015; | ||
(2) the investigation results in criminal charges | ||
within the standard statute of limitations for those charges; or | ||
(3) the investigation results in further review by a | ||
civilian oversight system. | ||
(i) If the act is allegedly related to criminal activity, | ||
including the violation of a federal, state, or local law for which | ||
the police officer is subject to a criminal penalty, the department | ||
head may not complain of an act that may not be prosecuted because | ||
the statute of limitations has expired. The department head must | ||
allege that the act complained of is related to criminal activity. | ||
SECTION 2.12. The heading to Section 143.053, Local | ||
Government Code, is amended to read as follows: | ||
Sec. 143.053. APPEAL OF DISCIPLINARY SUSPENSION OF FIRE | ||
FIGHTER IN CERTAIN MUNICIPALITIES. | ||
SECTION 2.13. Sections 143.053(b), (e), (f), and (g), Local | ||
Government Code, are amended to read as follows: | ||
(b) If a suspended fire fighter [ |
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the suspension to the commission, the commission shall hold a | ||
hearing and render a decision in writing within 30 days after the | ||
date it receives notice of appeal. The suspended fire fighter | ||
[ |
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definite period. | ||
(e) In its decision, the commission shall state whether the | ||
suspended fire fighter [ |
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(1) permanently dismissed from the fire [ |
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department; | ||
(2) temporarily suspended from the department; or | ||
(3) restored to the fire fighter's [ |
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position or status in the department's classified service. | ||
(f) If the commission finds that the period of disciplinary | ||
suspension should be reduced, the commission may order a reduction | ||
in the period of suspension. If the suspended fire fighter [ |
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which the fire fighter [ |
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(1) full compensation for the actual time lost as a | ||
result of the suspension at the rate of pay provided for the | ||
position or class of service from which the fire fighter [ |
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was suspended; and | ||
(2) restoration of or credit for any other benefits | ||
lost as a result of the suspension, including sick leave, vacation | ||
leave, and service credit in a retirement system. Standard payroll | ||
deductions, if any, for retirement and other benefits restored | ||
shall be made from the compensation paid, and the municipality | ||
shall make its standard corresponding contributions, if any, to the | ||
retirement system or other applicable benefit systems. | ||
(g) The commission may suspend or dismiss a fire fighter [ |
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after a finding by the commission of the truth of specific charges | ||
against the fire fighter [ |
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SECTION 2.14. Subchapter D, Chapter 143, Local Government | ||
Code, is amended by adding Section 143.0531 to read as follows: | ||
Sec. 143.0531. APPEAL OF DISCIPLINARY SUSPENSION OF POLICE | ||
OFFICER. (a) If a suspended police officer appeals the suspension | ||
to the commission, the commission shall hold a hearing and render a | ||
decision in writing within 30 days after the date it receives notice | ||
of appeal and a final notice of charges representing the conclusion | ||
of the department's investigation. The suspended police officer | ||
and the commission may agree to postpone the hearing for a definite | ||
period. | ||
(b) In a hearing conducted under this section, the | ||
department head is restricted to the department head's final | ||
written statement and charges, which may not be amended. | ||
(c) The commission may deliberate the decision in closed | ||
session but may not consider evidence that was not presented at the | ||
hearing. The commission shall vote in open session. | ||
(d) In the decision, the commission shall state whether the | ||
suspended police officer is: | ||
(1) permanently dismissed from the police department; | ||
(2) temporarily suspended from the department; | ||
(3) subject to an alternative form of disciplinary | ||
action under the progressive disciplinary matrix of the department; | ||
or | ||
(4) restored to the police officer's former position | ||
or status in the department's classified service. | ||
(e) If the commission finds that the period of disciplinary | ||
suspension should be reduced, the commission may order a reduction | ||
in the period of suspension. If the suspended police officer is | ||
restored to the position or class of service from which the police | ||
officer was suspended with no reduction in pay, the police officer | ||
is entitled to: | ||
(1) full compensation for the actual time lost as a | ||
result of the suspension at the rate of pay provided for the | ||
position or class of service from which the police officer was | ||
suspended; and | ||
(2) restoration of or credit for any other benefits | ||
lost as a result of the suspension, including sick leave, vacation | ||
leave, and service credit in a retirement system. Standard payroll | ||
deductions, if any, for retirement and other benefits restored | ||
shall be made from the compensation paid, and the municipality | ||
shall make its standard corresponding contributions, if any, to the | ||
retirement system or other applicable benefit systems. | ||
(f) The commission may suspend or dismiss a police officer | ||
only for violation of civil service rules and only after a finding | ||
by the commission of the truth of specific charges against the | ||
police officer. | ||
SECTION 2.15. 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 person 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 person that the person 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 persons or the commission does | ||
not receive a request for a public hearing from an involved person | ||
before the 10th day after the date notice was given to the person, | ||
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 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 2.16. Section 143.055(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) The head of the police department may assign a police | ||
officer under the department head's [ |
||
supervision to uncompensated duty. The department head may not | ||
impose uncompensated duty unless the police officer agrees to | ||
accept the duty or the uncompensated duty is applied in accordance | ||
with the department's progressive disciplinary matrix. If the | ||
police officer agrees to accept uncompensated duty, the department | ||
head shall give the police officer [ |
||
that specifies the date or dates on which the police officer | ||
[ |
||
SECTION 2.17. Section 143.057, Local Government Code, is | ||
amended by amending Subsection (a) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) In addition to the other notice requirements prescribed | ||
by this chapter, the written notice for a promotional bypass or the | ||
letter of disciplinary action, as applicable, issued to a fire | ||
fighter or police officer must state that in an appeal of an | ||
indefinite suspension, a suspension, a promotional bypass, [ |
||
recommended demotion, or, if issued to a police officer, any other | ||
disciplinary sanction, the appealing fire fighter or police officer | ||
may elect to appeal to an independent third party hearing examiner | ||
instead of to the commission. The letter must also state that if | ||
the fire fighter or police officer elects to appeal to a hearing | ||
examiner, the person waives all rights to appeal to a district court | ||
except as provided by Subsection (j). | ||
(b-1) A hearing examiner must presume a disciplinary action | ||
applied to a police officer under a progressive disciplinary matrix | ||
is reasonable unless the facts indicate that the department | ||
inappropriately applied a category of offense to the particular | ||
violation. | ||
SECTION 2.18. Section 143.089(g), Local Government Code, is | ||
amended to read as follows: | ||
(g) A fire [ |
||
file on a fire fighter [ |
||
department for the department's use, but the department may not | ||
release any information contained in the department file to any | ||
agency or person requesting information relating to a fire fighter | ||
[ |
||
the director's designee a person or agency that requests | ||
information that is maintained in the fire fighter's [ |
||
|
||
SECTION 2.19. Section 143.1017, Local Government Code, is | ||
amended by amending Subsections (c) and (h) and adding Subsection | ||
(c-1) to read as follows: | ||
(c) If the action directly related to the felony indictment | ||
or misdemeanor complaint against a fire fighter occurred or was | ||
discovered on or after the 180th day before the date of the | ||
indictment or complaint, the department head may, within 60 days | ||
after the date of final disposition of the indictment or complaint, | ||
bring a charge against the fire fighter [ |
||
violation of civil service rules. | ||
(c-1) A police department head may, within 60 days after the | ||
date of final disposition of the indictment or complaint, bring a | ||
charge against the police officer for a violation of civil service | ||
rules. | ||
(h) The department head may order an indefinite suspension | ||
of a fire fighter based on an act classified as a felony or any other | ||
crime involving moral turpitude after the 180-day period following | ||
the date of the discovery of the act by the department if the | ||
department head considers delay to be necessary to protect a | ||
criminal investigation of the fire fighter's [ |
||
If the department head intends to order an indefinite suspension of | ||
a fire fighter after the 180-day period, the department head must | ||
file with the attorney general a statement describing the criminal | ||
investigation and its objectives within 180 days after the date the | ||
act complained of occurred. | ||
SECTION 2.20. Section 143.117, Local Government Code, is | ||
amended by amending Subsections (b) and (d) and adding Subsection | ||
(b-1) to read as follows: | ||
(b) The department head may suspend a fire fighter [ |
||
|
||
[ |
||
head may not suspend a fire fighter [ |
||
the 180th day after the date the department discovers or becomes | ||
aware of the civil service rule violation. If, during an | ||
investigation of an alleged civil service rule violation, it is | ||
alleged that the fire fighter [ |
||
investigation committed another violation of a civil service rule | ||
connected with the first alleged violation, the 180-day period | ||
prescribed by this subsection does not begin again for purposes of a | ||
suspension of the fire fighter [ |
||
violation in question does not involve untruthfulness or refusal to | ||
obey a valid order to make a statement, and therefore the department | ||
head may not suspend a fire fighter [ |
||
second violation later than the 180th day after the date the | ||
department discovers or becomes aware of the original violation. | ||
(b-1) The department head may suspend a police officer under | ||
this section only if the police officer violates a civil service | ||
rule, except the department head may not suspend a police officer | ||
later than the first anniversary of the date the department | ||
discovers or becomes aware of the civil service rule violation. | ||
(d) The suspension is void and the fire fighter or police | ||
officer is entitled to the person's full pay if: | ||
(1) the department head fails to file the statement | ||
during the required time; or | ||
(2) the suspension is imposed later than: | ||
(A) the 180th day after the date the department | ||
discovers or becomes aware of the violation that resulted in the | ||
suspension for a fire fighter; or | ||
(B) the first anniversary of the date the | ||
department discovered or became aware of the violation that | ||
resulted in the suspension for a police officer. | ||
SECTION 2.21. Section 143.119, Local Government Code, is | ||
amended by amending Subsection (g) and adding Subsection (h) to | ||
read as follows: | ||
(g) In the original written statement and charges and in any | ||
hearing conducted under this chapter involving a fire fighter, the | ||
department head may not complain of an act that did not occur within | ||
the six-month period preceding the date on which the department | ||
head suspends the fire fighter [ |
||
(h) In the original written statement and charges and in any | ||
hearing conducted under this chapter involving a police officer, | ||
the department head may not complain of an act that did not occur | ||
within the one-year period preceding the date the department head | ||
suspends the police officer. | ||
SECTION 2.22. Section 143.1214, Local Government Code, is | ||
amended by amending Subsections (b), (c), and (e) and adding | ||
Subsection (c-1) to read as follows: | ||
(b) The department shall maintain an investigatory file | ||
that relates to a disciplinary action against a fire fighter or | ||
police officer that was overturned on appeal, or any document in the | ||
possession of the department that relates to a charge of misconduct | ||
against a fire fighter or police officer, regardless of whether the | ||
charge is sustained, only in a file created by the department for | ||
the department's use. The department may only release information | ||
in those investigatory files or documents relating to a charge of | ||
misconduct: | ||
(1) to another law enforcement agency or fire | ||
department; | ||
(2) to the office of a district or United States | ||
attorney; or | ||
(3) in accordance with Subsection (c) or (c-1). | ||
(c) The department head or the department head's designee | ||
may forward a document that relates to disciplinary action against | ||
a fire fighter [ |
||
designee for inclusion in the fire fighter's [ |
||
personnel file maintained under Sections 143.089(a)-(f) only if: | ||
(1) disciplinary action was actually taken against the | ||
fire fighter [ |
||
(2) the document shows the disciplinary action taken; | ||
and | ||
(3) the document includes at least a brief summary of | ||
the facts on which the disciplinary action was based. | ||
(c-1) The department head or the department head's designee | ||
shall forward a document that relates to disciplinary action | ||
against a police officer to the director or the director's designee | ||
for inclusion in the police officer's personnel file maintained | ||
under Sections 143.089(a)-(f). | ||
(e) The requirements of this section are in addition to the | ||
requirements of Section 143.089. This section does not prevent a | ||
fire fighter [ |
||
personnel file maintained by the director or the department, other | ||
than a file maintained by an internal affairs division or other | ||
similar internal investigative division, on the fire fighter [ |
||
|
||
prevent a police officer from obtaining access to any personnel | ||
file maintained by the director or the department. A police officer | ||
may obtain access to information that is subject to disclosure | ||
under Chapter 552, Government Code, contained in a file maintained | ||
by an internal affairs division or other similar internal | ||
investigative division under Section 143.089. | ||
SECTION 2.23. Section 143.1216(d), Local Government Code, | ||
is amended to read as follows: | ||
(d) The department shall [ |
||
supervisory intervention procedure or a policy and procedure | ||
inquiry regarding a police officer in the police officer's | ||
personnel file maintained under Section 143.089 [ |
||
|
||
SECTION 2.24. 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 [ |
||
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 [ |
||
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 a statute, | ||
order, ordinance, or rule concerning the disciplinary actions that | ||
may be imposed on a police officer. The agreement must implement a | ||
progressive disciplinary matrix. | ||
SECTION 2.25. 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 [ |
||
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 [ |
||
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 an ordinance, order, statute, or rule | ||
concerning the disciplinary actions that may be imposed on a police | ||
officer. The agreement must implement a progressive disciplinary | ||
matrix. | ||
SECTION 2.26. 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 [ |
||
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 that conflicts with an ordinance, | ||
order, statute, or rule concerning the disciplinary actions that | ||
may be imposed on a police officer. An agreement adopted under this | ||
chapter must implement a progressive disciplinary matrix, as | ||
described by Section 143.0511, for police officers. | ||
SECTION 2.27. The changes in law made by this article apply | ||
only to a disciplinary action for conduct that occurs on or after | ||
September 1, 2018. 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 2.28. Sections 142.067(b), 143.307(d), 143.361(d), | ||
and 174.005(b), Local Government Code, as added by this article, | ||
apply only to an agreement entered into or renewed on or after | ||
September 1, 2018. An agreement entered into or renewed before | ||
September 1, 2018, 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. | ||
ARTICLE 3. MODEL PROGRESSIVE DISCIPLINARY MATRIX | ||
SECTION 3.01. (a) The Bill Blackwood Law Enforcement | ||
Management Institute of Texas shall consult with law enforcement | ||
agencies of all sizes, law enforcement associations, law | ||
enforcement training experts, and appropriate organizations | ||
engaged in the development of law enforcement policy to develop a | ||
model progressive disciplinary matrix, as defined by Section | ||
143.003(6), Local Government Code, as added by this Act, and | ||
associated training materials regarding the application of that | ||
matrix. The institute shall provide for a period of public comment | ||
before adopting the model progressive disciplinary matrix and | ||
training materials. | ||
(b) Not later than January 1, 2018, the institute shall | ||
adopt and disseminate the model progressive disciplinary matrix and | ||
training materials to all law enforcement agencies and civil | ||
service commissions in this state. | ||
SECTION 3.02. This article expires September 1, 2018. | ||
ARTICLE 4. EFFECTIVE DATES | ||
SECTION 4.01. (a) Except as otherwise provided by this Act, | ||
this Act takes effect September 1, 2017. | ||
(b) Article 2 of this Act takes effect September 1, 2018. |