Bill Text: TX HR2436 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Suspending limitations on conference committee jurisdiction, H.B. No. 4227.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-27 - 3 hr. notice-for consideration [HR2436 Detail]
Download: Texas-2023-HR2436-Introduced.html
| 88R32894 MZM-D | ||
| By: Goldman | H.R. No. 2436 | |
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| BE IT RESOLVED by the House of Representatives of the State of | ||
| Texas, 88th Legislature, Regular Session, 2023, That House Rule 13, | ||
| Section 9(a), be suspended in part as provided by House Rule 13, | ||
| Section 9(f), to enable the conference committee appointed to | ||
| resolve the differences on House Bill 4227 (provisions governing | ||
| the municipal civil service of fire fighters or police officers in | ||
| certain municipalities) to consider and take action on the | ||
| following matter: | ||
| House Rule 13, Section 9(a)(4), is suspended to permit the | ||
| committee to add text on a matter not included in either the house | ||
| or senate version of the bill by adding the following new SECTIONS | ||
| to the bill: | ||
| SECTION 1. Section 143.003, Local Government Code, is | ||
| amended by amending Subdivision (1) and adding Subdivision (1-a) to | ||
| read as follows: | ||
| (1) "Civilian oversight board" means a board or office | ||
| established by a municipality to practice oversight, monitoring, or | ||
| investigations of fire fighters or police officers, or departments, | ||
| by members of the public who are not fire fighters or police | ||
| officers. | ||
| (1-a) "Commission" means the Fire Fighters' and Police | ||
| Officers' Civil Service Commission. | ||
| SECTION 3. Subchapter A, Chapter 143, Local Government | ||
| Code, is amended by adding Section 143.017 to read as follows: | ||
| Sec. 143.017. INVESTIGATION BY CIVILIAN OVERSIGHT BOARD | ||
| PROHIBITED. An investigation under this chapter may not be | ||
| performed by a civilian oversight board. | ||
| SECTION 4. Sections 143.089(b) and (f), Local Government | ||
| Code, are amended to read as follows: | ||
| (b) A letter, memorandum, or document relating to alleged | ||
| misconduct by the fire fighter or police officer: | ||
| (1) may not be placed in the person's personnel file if | ||
| the employing department determines that there is insufficient | ||
| evidence to sustain the charge of misconduct; and | ||
| (2) except as provided by Section 1701.451, | ||
| Occupations Code, may not be released to any agency or person | ||
| requesting the letter, memorandum, or document if there is a | ||
| pending investigation into the alleged misconduct. | ||
| (f) The director or the director's designee may not release | ||
| any information contained in a fire fighter's or police officer's | ||
| personnel file without first obtaining the person's written | ||
| permission, unless the release of the information is required by | ||
| law or for a law enforcement purpose. | ||
| SECTION 5. Subchapter F, Chapter 143, Local Government | ||
| Code, is amended by adding Sections 143.091 and 143.092 to read as | ||
| follows: | ||
| Sec. 143.091. MUTUAL AGREEMENT SUPERSEDES CERTAIN | ||
| MUNICIPAL LAW. For a municipality with a collective bargaining | ||
| agreement or a meet-and-confer agreement with the municipality's | ||
| fire department or police department, the agreement supersedes an | ||
| ordinance, executive order, or rule adopted by the municipality. | ||
| Sec. 143.092. ELIGIBILITY FOR CIVILIAN OVERSIGHT BOARD. A | ||
| person is not eligible to serve on a civilian oversight board if the | ||
| person has been: | ||
| (1) convicted of or placed on deferred adjudication | ||
| community supervision for a felony offense; or | ||
| (2) convicted of a crime of moral turpitude. | ||
| SECTION 6. Section 143.306, Local Government Code, is | ||
| amended by adding Subsection (d) to read as follows: | ||
| (d) A municipal charter, ordinance, executive order, or | ||
| rule adopted by a municipality that restricts or conditions the | ||
| authority of a public employer to enter into a written agreement | ||
| under this subchapter is void and unenforceable. | ||
| SECTION 7. Section 143.091, Local Government Code, as added | ||
| by this Act, applies to a collective bargaining agreement or a | ||
| meet-and-confer agreement that was in effect on or after January 1, | ||
| 2023. | ||
| Explanation: The changes are necessary to make certain | ||
| changes to law relating to municipal civil service systems for fire | ||
| fighters and police officers in certain municipalities. | ||
