Bill Text: TX HB4286 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to procedures for and the consequences of the dishonorable discharge of certain peace officers; creating a criminal offense.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-04-15 - Left pending in committee [HB4286 Detail]
Download: Texas-2021-HB4286-Introduced.html
87R5421 MAW/JCG-F | ||
By: King of Hemphill | H.B. No. 4286 |
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relating to procedures for and the consequences of the dishonorable | ||
discharge of certain peace officers; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 810, Government Code, is amended by | ||
adding Section 810.005 to read as follows: | ||
Sec. 810.005. CERTAIN PEACE OFFICERS INELIGIBLE FOR | ||
RETIREMENT ANNUITY. (a) In this section: | ||
(1) "Dishonorably discharged peace officer" means a | ||
peace officer who is reported as dishonorably discharged in a | ||
report required by Section 1701.452, Occupations Code. | ||
(2) "Governing body of a public retirement system" and | ||
"public retirement system" have the meanings assigned by Section | ||
802.001. | ||
(3) "Governmental entity" means a unit of government | ||
that is the employer of active members of a public retirement | ||
system. | ||
(4) "Peace officer" means a person who is elected, | ||
appointed, or employed as a peace officer under Article 2.12, Code | ||
of Criminal Procedure, Section 37.081 or 51.203, Education Code, or | ||
other law. | ||
(b) In accordance with Section 66, Article XVI, Texas | ||
Constitution, and to the extent a public retirement system may | ||
implement this section and remain a qualified plan under Section | ||
401(a), Internal Revenue Code of 1986 (26 U.S.C. Section 401), this | ||
section applies to a public retirement system with a member or | ||
annuitant who holds a position as a peace officer with the | ||
associated governmental entity of the system. | ||
(c) Except as provided by Subsection (d), a member or | ||
annuitant of a public retirement system is not eligible to receive a | ||
service retirement annuity under the retirement system if the | ||
person is a dishonorably discharged peace officer. | ||
(d) A public retirement system, on receipt of a notice under | ||
Subsection (i), shall suspend payments of a service retirement | ||
annuity to a person the system determines is ineligible to receive | ||
the annuity under Subsection (c). A person who is determined | ||
ineligible to receive an annuity under Subsection (c) who, in an | ||
administrative or judicial proceeding, subsequently prevails in | ||
contesting the information in the report resulting in the report no | ||
longer reflecting that the person is dishonorably discharged: | ||
(1) is entitled to receive an amount equal to the | ||
accrued total of payments and interest earned on the payments | ||
withheld during the suspension period; and | ||
(2) may resume receipt of annuity payments on payment | ||
to the retirement system of an amount equal to the contributions | ||
refunded to the person under Subsection (e). | ||
(e) A person who is ineligible to receive a service | ||
retirement annuity under Subsection (c) is entitled to a refund of | ||
the person's service retirement annuity contributions, including | ||
interest earned on those contributions. A refund under this | ||
subsection is subject to an award of all or part of the person's | ||
service retirement annuity contributions to a former spouse, | ||
including as a just and right division of the contributions on | ||
divorce, payment of child support, or payment of spousal | ||
maintenance or contractual alimony or other order of a court. | ||
(f) On petition by the spouse of a person who forfeits a | ||
service retirement annuity under this section: | ||
(1) a court may make a just and right division of the | ||
person's service retirement annuity by awarding to the person's | ||
spouse all or part of the community property interest in the annuity | ||
forfeited by the person; and | ||
(2) a court shall, if the person's service retirement | ||
annuity was partitioned or exchanged by written agreement of the | ||
spouses as provided by Subchapter B, Chapter 4, Family Code, before | ||
the person was dishonorably discharged, award the annuity forfeited | ||
by the person to the person's spouse as provided in the agreement. | ||
(g) Ineligibility for a service retirement annuity under | ||
this section does not impair a person's right to any other | ||
retirement benefit for which the person is eligible. | ||
(h) The governing body of a public retirement system shall | ||
adopt rules and procedures to implement this section. | ||
(i) A governmental entity shall notify the appropriate | ||
public retirement system if a person employed by the governmental | ||
entity as a peace officer is dishonorably discharged. | ||
SECTION 2. Section 87.031(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) For purposes of Subsection (a), "a misdemeanor | ||
involving official misconduct" includes a misdemeanor under: | ||
(1) Section 1701.452(h), Occupations Code; or | ||
(2) Section 39.07, Penal Code. | ||
SECTION 3. Subchapter G, Chapter 1701, Occupations Code, is | ||
amended by adding Section 1701.3111 to read as follows: | ||
Sec. 1701.3111. DISQUALIFICATION: DISHONORABLE DISCHARGE. | ||
A person whose license has been revoked under Section 1701.4521 is | ||
disqualified to be an officer and the commission may not issue a | ||
license to the person. | ||
SECTION 4. The heading to Section 1701.452, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 1701.452. EMPLOYMENT TERMINATION REPORT; OFFENSE. | ||
SECTION 5. Section 1701.452, Occupations Code, is amended | ||
by amending Subsection (b) and adding Subsections (b-1) and (h) to | ||
read as follows: | ||
(b) The head of a law enforcement agency or the head's | ||
designee shall include in the report required under Subsection (a) | ||
a statement on whether the license holder was honorably discharged, | ||
generally discharged, or dishonorably discharged and, for a license | ||
holder who was generally discharged or dishonorably discharged [ |
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under which the person resigned, retired, or was terminated, | ||
including a description of any disciplinary or performance issues | ||
for which the person was discharged. | ||
(b-1) For purposes of this section [ |
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(1) "Honorably discharged" means a license holder who, | ||
while in good standing and not because of pending or final | ||
disciplinary actions or a documented performance problem, retired, | ||
resigned, or separated from employment with or died while employed | ||
by a law enforcement agency. | ||
(2) "Generally discharged" means a license holder who: | ||
(A) was terminated by, retired or resigned from, | ||
or died while in the employ of a law enforcement agency and the | ||
separation was related to a disciplinary investigation of conduct | ||
that is not included in the definition of dishonorably discharged; | ||
or | ||
(B) was terminated by or retired or resigned from | ||
a law enforcement agency and the separation was for a documented | ||
performance problem and was not because of a reduction in workforce | ||
or an at-will employment decision. | ||
(3) "Dishonorably discharged" means a license holder | ||
who: | ||
(A) was terminated by a law enforcement agency or | ||
retired or resigned in lieu of termination by the agency in relation | ||
to allegations of criminal misconduct; [ |
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(B) was terminated by a law enforcement agency or | ||
retired or resigned in lieu of termination by the agency for | ||
insubordination or untruthfulness; or | ||
(C) was terminated by a law enforcement agency or | ||
retired or resigned in lieu of termination by the agency: | ||
(i) after receiving notice from the | ||
attorney representing the state that the attorney will no longer | ||
accept cases submitted for prosecution by the license holder due to | ||
conduct by the license holder that would be required to be disclosed | ||
to a defendant under Article 39.14, Code of Criminal Procedure, or | ||
the Texas Disciplinary Rules of Professional Conduct; or | ||
(ii) for engaging in conduct that would | ||
constitute grounds for the attorney representing the state to | ||
provide a notice described by Subparagraph (i). | ||
(h) A person required to submit a report under Subsection | ||
(a) commits an offense if the person, with respect to a license | ||
holder whose separation is described by Subsection (b-1)(2) or (3), | ||
knowingly submits a report that does not indicate that the license | ||
holder was generally discharged or dishonorably discharged, as | ||
applicable, in the statement required by Subsection (b). An | ||
offense under this subsection is a Class B misdemeanor. | ||
SECTION 6. Section 1701.4521, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1701.4521. LICENSE REVOCATION [ |
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OFFICER DISHONORABLY DISCHARGED. (a) The commission shall suspend | ||
the license of an officer licensed under this chapter on | ||
notification that the officer has been dishonorably discharged [ |
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(b) An officer whose license is suspended under this section | ||
may appeal the suspension in writing to the commission not later | ||
than the 30th day after the date the officer is suspended. | ||
(c) The [ |
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commission determines, after the hearing, that the officer was | ||
dishonorably discharged [ |
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(c-1) The commission shall revoke the officer's license if | ||
the officer does not appeal the suspension before the 30th day after | ||
the date the officer is suspended. | ||
(d) The commission's decision does not affect: | ||
(1) the employment relationship between an officer | ||
licensed under this chapter and a law enforcement agency; or | ||
(2) any disciplinary action taken against an officer | ||
licensed under this chapter by a law enforcement agency. | ||
(e) A hearing under this section is a contested case under | ||
Chapter 2001, Government Code. | ||
SECTION 7. Section 1701.453, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1701.453. MAINTENANCE OF REPORTS AND STATEMENTS. (a) A | ||
law enforcement agency shall maintain a complete and unredacted | ||
copy of each report and statement submitted to the commission under | ||
this subchapter regarding a license holder who was generally | ||
discharged or dishonorably discharged, as those terms are defined | ||
by Section 1701.452(b-1), until at least the 20th anniversary of | ||
the date of the discharge. | ||
(b) The commission shall maintain a copy of each report and | ||
statement submitted to the commission under this subchapter until | ||
at least the 10th anniversary of the date on which the report or | ||
statement is submitted. | ||
SECTION 8. Section 1701.454(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) All information submitted to the commission under this | ||
subchapter is confidential and is not subject to disclosure under | ||
Chapter 552, Government Code, unless the person was generally | ||
discharged or dishonorably discharged, as those terms are defined | ||
by Section 1701.452(b-1) [ |
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SECTION 9. Section 1701.456, Occupations Code, is amended | ||
by amending Subsection (b) and adding Subsection (c) to read as | ||
follows: | ||
(b) A law enforcement agency, agency head, or other law | ||
enforcement official, or the political subdivision served by the | ||
agency, is not liable for civil damages for a report made by that | ||
agency or person if the report is made in good faith. | ||
(c) An attorney representing the state, the office of the | ||
attorney representing the state, or the political subdivision | ||
served by the attorney is not liable for civil damages for a notice | ||
described by Section 1701.452(b-1)(3)(C)(i) if the notice was | ||
provided by the attorney representing the state in good faith. | ||
SECTION 10. Not later than December 1, 2021, the Texas | ||
Commission on Law Enforcement shall update the form for an | ||
employment termination report as necessary to comply with Section | ||
1701.452, Occupations Code, as amended by this Act. | ||
SECTION 11. The changes in law made by this Act apply only | ||
to a report required to be submitted under Section 1701.452, | ||
Occupations Code, as amended by this Act, regarding a resignation, | ||
retirement, termination, or separation of a license holder that | ||
occurs on or after December 1, 2021. A resignation, retirement, | ||
termination, or separation that occurs before December 1, 2021, is | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 12. This Act takes effect September 1, 2021. |