Bill Text: TX HB829 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to a progressive disciplinary matrix for police officer misconduct in certain municipalities.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2021-04-07 - Left pending in committee [HB829 Detail]

Download: Texas-2021-HB829-Introduced.html
  87R1672 SCL-F
 
  By: Thompson of Harris H.B. No. 829
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a progressive disciplinary matrix for police officer
  misconduct in certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 142, Local Government
  Code, is amended by adding Section 142.0605 to read as follows:
         Sec. 142.0605.  PROGRESSIVE DISCIPLINARY MATRIX. (a)  A
  public employer shall implement a progressive disciplinary matrix,
  as described by Section 143.0511, for municipal police officers if
  the municipality has not adopted Chapter 143.
         (b)  The public employer shall adopt rules necessary to
  implement the progressive disciplinary matrix.
         SECTION 2.  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)  An agreement under this subchapter:
               (1)  must implement the progressive disciplinary
  matrix established under Section 142.0605 or 143.0511; and
               (2)  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 under the progressive disciplinary matrix.
         SECTION 3.  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 that may be taken against a
  police officer as described by Section 143.0511.
         SECTION 4.  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 [or police officer]. The
  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 5.  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 implement 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 and the officer's prior
  conduct record, 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 progressive disciplinary matrix must include:
               (1)  standards for disciplinary actions relating to the
  use of force against another person, including the failure to
  de-escalate force incidents in accordance with departmental
  policy;
               (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 6.  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, [or] a
  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 7.  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:
               (1)  must implement the progressive disciplinary
  matrix established under Section 143.0511; and
               (2)  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 under the
  progressive disciplinary matrix.
         SECTION 8.  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 affecting police
  officers:
               (1)  must implement the progressive disciplinary
  matrix established under Section 143.0511; and
               (2)  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 under the
  progressive disciplinary matrix.
         SECTION 9.  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 that conflicts with an ordinance,
  order, statute, or rule concerning the disciplinary actions that
  may be imposed on municipal police officers under a progressive
  disciplinary matrix implemented by the municipal public employer.
         SECTION 10.  Subchapter B, Chapter 174, Local Government
  Code, is amended by adding Section 174.024 to read as follows:
         Sec. 174.024.  PROGRESSIVE DISCIPLINARY MATRIX FOR CERTAIN
  POLICE OFFICERS. (a)  A municipal public employer shall implement a
  progressive disciplinary matrix, as described by Section 143.0511,
  for municipal police officers if the municipality has not adopted
  Chapter 143.
         (b)  The municipal public employer shall adopt rules
  necessary to implement the progressive disciplinary matrix.
         SECTION 11.  The changes in law made by this Act to the Local
  Government Code apply only to a disciplinary action for conduct
  that occurs on or after March 1, 2022. 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 12.  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 March 1,
  2022. An agreement entered into or renewed before March 1, 2022, 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 13.  (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, 2022, 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.
         (c)  This section expires September 1, 2022.
         SECTION 14.  This Act takes effect September 1, 2021.
feedback