Bill Text: TX HB4438 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the appeal to a hearing examiner of a promotional bypass or disciplinary action taken against a police officer in certain municipalities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Urban Affairs [HB4438 Detail]
Download: Texas-2021-HB4438-Introduced.html
87R10647 SCL-D | ||
By: Johnson of Dallas | H.B. No. 4438 |
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relating to the appeal to a hearing examiner of a promotional bypass | ||
or disciplinary action taken against a police officer in certain | ||
municipalities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 143.057, Local Government | ||
Code, is amended to read as follows: | ||
Sec. 143.057. HEARING EXAMINERS FOR FIRE FIGHTER APPEALS. | ||
SECTION 2. Sections 143.057(a), (b), (c), (d), (e), (i), | ||
and (j), Local Government Code, are amended 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 [ |
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indefinite suspension, a suspension, a promotional bypass, or a | ||
recommended demotion, the appealing fire fighter [ |
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examiner instead of to the commission. The letter must also state | ||
that if the fire fighter [ |
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hearing examiner, the person waives all rights to appeal to a | ||
district court except as provided by Subsection (j). | ||
(b) To exercise the choice of appealing to a hearing | ||
examiner, the appealing fire fighter [ |
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submit to the director a written request as part of the original | ||
notice of appeal required under this chapter stating the person's | ||
decision to appeal to an independent third party hearing examiner. | ||
(c) The hearing examiner's decision is final and binding on | ||
all parties. If the fire fighter [ |
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appeal to an independent third party hearing examiner, the person | ||
automatically waives all rights to appeal to a district court | ||
except as provided by Subsection (j). | ||
(d) If the appealing fire fighter [ |
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chooses to appeal to a hearing examiner, the fire fighter [ |
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attempt to agree on the selection of an impartial hearing examiner. | ||
If the parties do not agree on the selection of a hearing examiner | ||
on or within 10 days after the date the appeal is filed, the | ||
director shall immediately request a list of seven qualified | ||
neutral arbitrators from the American Arbitration Association or | ||
the Federal Mediation and Conciliation Service, or their successors | ||
in function. The fire fighter [ |
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department head, or their designees, may agree on one of the seven | ||
neutral arbitrators on the list. If they do not agree within five | ||
working days after the date they received the list, each party or | ||
the party's designee shall alternate striking a name from the list | ||
and the name remaining is the hearing examiner. The parties or their | ||
designees shall agree on a date for the hearing. | ||
(e) The appeal hearing shall begin as soon as the hearing | ||
examiner can be scheduled. If the hearing examiner cannot begin the | ||
hearing within 45 calendar days after the date of selection, the | ||
fire fighter [ |
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learning of that fact, call for the selection of a new hearing | ||
examiner using the procedure prescribed by Subsection (d). | ||
(i) The hearing examiner's fees and expenses are shared | ||
equally by the appealing fire fighter [ |
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department. The costs of a witness are paid by the party who calls | ||
the witness. | ||
(j) A district court may hear an appeal of a hearing | ||
examiner's award only on the grounds that the arbitration panel was | ||
without jurisdiction or exceeded its jurisdiction or that the order | ||
was procured by fraud, collusion, or other unlawful means. An | ||
appeal must be brought in the district court having jurisdiction in | ||
the municipality in which the fire [ |
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located. | ||
SECTION 3. Section 143.036(f), Local Government Code, is | ||
amended to read as follows: | ||
(f) Unless the department head has a valid reason for not | ||
appointing the person, the department head shall appoint the | ||
eligible promotional candidate having the highest grade on the | ||
eligibility list. If the department head has a valid reason for not | ||
appointing the eligible promotional candidate having the highest | ||
grade, the department head shall personally discuss the reason with | ||
the person being bypassed before appointing another person. The | ||
department head shall also file the reason in writing with the | ||
commission and shall provide the person with a copy of the written | ||
notice. On application of the bypassed eligible promotional | ||
candidate, the reason the department head did not appoint that | ||
person is subject to review by the commission or, if the person is a | ||
fire fighter and on the written request of the fire fighter [ |
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under Section 143.057. | ||
SECTION 4. Section 143.056(e), Local Government Code, is | ||
amended to read as follows: | ||
(e) If the department head temporarily suspends a fire | ||
fighter or police officer under this section and the fire fighter or | ||
police officer is not found guilty of the indictment or complaint in | ||
a court of competent jurisdiction, the fire fighter or police | ||
officer may appeal to the commission for recovery of back pay, or, | ||
if the person is a fire fighter, may appeal to a hearing examiner | ||
for recovery of back pay. The commission or hearing examiner may | ||
award all or part of the back pay or reject the appeal. | ||
SECTION 5. Section 143.090, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 143.090. RELEASE OF PHOTOGRAPHS OF POLICE OFFICERS. A | ||
department, commission, or municipality may not release a | ||
photograph that depicts a police officer unless: | ||
(1) the officer has been charged with an offense by | ||
indictment or by information; | ||
(2) the officer is a party in a civil service hearing | ||
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(3) the photograph is introduced as evidence in a | ||
judicial proceeding; or | ||
(4) the officer gives written consent to the release | ||
of the photograph. | ||
SECTION 6. The changes in law made by this Act apply only to | ||
a promotional bypass or disciplinary action given on or after the | ||
effective date of this Act. A promotional bypass or disciplinary | ||
action given before the effective date of this Act is governed by | ||
the law in effect immediately before the effective date of this Act, | ||
and that law is continued in effect for that purpose. | ||
SECTION 7. This Act takes effect September 1, 2021. |