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A BILL TO BE ENTITLED
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AN ACT
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relating to civil service commission hearings for certain |
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disciplinary actions against police officers in certain |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 142.067, Local Government Code, is |
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amended to read as follows: |
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Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. |
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(a) Except as provided by Subsection (b), a [A] written meet and |
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confer agreement ratified under this subchapter preempts, during |
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the term of the agreement and to the extent of any conflict, all |
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contrary state statutes, local ordinances, executive orders, civil |
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service provisions, or rules adopted by the head of the law |
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enforcement agency or municipality or by a division or agent of the |
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municipality, such as a personnel board or a civil service |
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commission. |
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(b) A meet and confer agreement between a municipality or a |
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law enforcement agency of a municipality and a police officers |
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association under this subchapter may not conflict with and does |
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not supersede Section 143.010(b), (c-1), (e), or (g) or |
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143.054(c-1), (c-2), or (d-1) if the municipality has adopted |
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Chapter 143. |
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SECTION 2. Section 143.010, Local Government Code, is |
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amended by amending Subsections (b), (e), and (g) and adding |
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Subsections (c-1) and (j) to read as follows: |
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(b) The appeal must include the basis for the appeal and a |
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request for a commission hearing. The appeal must also contain a |
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statement denying the truth of the charge as made, a statement |
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taking exception to the legal sufficiency of the charge, a |
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statement alleging that the recommended action does not fit the |
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offense or alleged offense, or a combination of these statements. |
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An appeal by a police officer for a charge for an incident that |
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involves a member of the public must also include the name and |
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address of each impacted individual. |
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(c-1) Not later than the 30th day before the date of a |
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commission hearing, the commission shall notify each impacted |
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individual of the date and time of the hearing, the individual's |
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right to attend, and instructions for exercising the individual's |
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right to testify at the hearing. Not later than the fifth day |
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before the date of the hearing, an impacted individual may provide |
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evidence to the commission, including documentation in support of |
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the charge or the recommended action. |
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(e) The affected fire fighter or police officer or an |
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impacted individual may request the commission to subpoena any |
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books, records, documents, papers, accounts, or witnesses that the |
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fire fighter, [or] police officer, or individual considers |
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pertinent to the case. The fire fighter, [or] police officer, or |
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individual must make the request before the 10th day before the date |
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the commission hearing will be held. If the commission does not |
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subpoena the material, the commission shall, before the third day |
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before the date the hearing will be held, make a written report to |
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the fire fighter, [or] police officer, or individual stating the |
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reason it will not subpoena the requested material. This report |
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shall be read into the public record of the commission hearing. |
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(g) The commission shall conduct the hearing fairly and |
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impartially as prescribed by this chapter and shall render a just |
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and fair decision. The commission may consider only the evidence |
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submitted at the hearing, including any evidence submitted by an |
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impacted individual under Subsection (c-1). |
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(j) In this section, "impacted individual" means an |
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individual who was a victim of the alleged incident that is the |
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basis of the charge or a direct witness to the alleged incident. If |
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a victim is deceased, incapacitated, or unwilling to appear, a |
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representative of the victim may act on behalf of the victim under |
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this section. |
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SECTION 3. Section 143.054, Local Government Code, is |
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amended by amending Subsection (c) and adding Subsections (c-1), |
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(c-2), (d-1), and (f) to read as follows: |
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(c) The commission may refuse to grant the request for |
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demotion of a fire fighter. |
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(c-1) Before the commission may refuse to grant a request |
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for demotion of a police officer, the commission shall request from |
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the department the contact information for any impacted individual. |
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The commission shall notify an impacted individual that the |
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individual may request a public hearing and present reasons why the |
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commission should grant the department's request for demotion of |
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the police officer. If there are no impacted individuals or the |
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commission does not receive a request for a public hearing from an |
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impacted individual before the 10th day after the date notice was |
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given to the individual, the commission may refuse to grant the |
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request for demotion. |
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(c-2) If the commission believes that probable cause exists |
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for ordering the demotion, the commission shall give the fire |
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fighter or police officer written notice to appear before the |
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commission for a public hearing at a time and place specified in the |
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notice. The commission shall give the notice before the 10th day |
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before the date the hearing will be held. |
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(d-1) Before the 10th day before the date the public hearing |
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is held, the commission shall give an impacted individual notice of |
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the time and place of the hearing and of the individual's right to |
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testify. |
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(f) In this section, "impacted individual" means an |
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individual who was a victim of the alleged incident that is the |
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basis of the request for demotion or a direct witness to the alleged |
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incident. If a victim is deceased, incapacitated, or unwilling to |
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appear, a representative of the victim may act on behalf of the |
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victim under this section. |
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SECTION 4. Section 143.307, Local Government Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(d) to read as follows: |
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(a) Except as provided by Subsection (d), an [An] agreement |
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under this subchapter supersedes a previous statute concerning |
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wages, salaries, rates of pay, hours of work, or other terms and |
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conditions of employment to the extent of any conflict with the |
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statute. |
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(b) Except as provided by Subsection (d), an [An] agreement |
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under this subchapter preempts any contrary statute, executive |
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order, local ordinance, or rule adopted by the state or a political |
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subdivision or agent of the state, including a personnel board, a |
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civil service commission, or a home-rule municipality. |
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(d) An agreement under this subchapter affecting police |
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officers may not conflict with and does not supersede Section |
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143.010(b), (c-1), (e), or (g) or 143.054(c-1), (c-2), or (d-1). |
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SECTION 5. Section 143.361, Local Government Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(d) to read as follows: |
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(a) Except as provided by Subsection (d), a [A] written |
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agreement ratified under this subchapter between a public employer |
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and the bargaining agent supersedes a previous statute concerning |
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wages, salaries, rates of pay, hours of work, and other terms of |
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employment other than pension benefits to the extent of any |
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conflict with the previous statute. |
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(b) Except as provided by Subsection (d), a [A] written |
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agreement ratified under this subchapter preempts all contrary |
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local ordinances, executive orders, legislation, or rules adopted |
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by the state or a political subdivision or agent of the state, such |
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as a personnel board, a civil service commission, or a home-rule |
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municipality. |
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(d) An agreement under this subchapter may not conflict with |
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and does not supersede Section 143.010(b), (c-1), (e), or (g) or |
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143.054(c-1), (c-2), or (d-1). |
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SECTION 6. Section 174.005, Local Government Code, is |
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amended to read as follows: |
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Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as |
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provided by Subsection (b), this [This] chapter preempts all |
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contrary local ordinances, executive orders, legislation, or rules |
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adopted by the state or by a political subdivision or agent of the |
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state, including a personnel board, civil service commission, or |
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home-rule municipality. |
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(b) This chapter does not authorize the adoption or |
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implementation of an agreement affecting police officers that |
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conflicts with Section 143.010(b), (c-1), (e), or (g) or |
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143.054(c-1), (c-2), or (d-1). An agreement adopted under this |
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chapter must implement those sections. |
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SECTION 7. The changes in law made by this Act apply only to |
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a disciplinary action for conduct that occurs on or after September |
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1, 2021. Conduct that occurs before that date is governed by the |
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law in effect immediately before that date, and the former law is |
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continued in effect for that purpose. |
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SECTION 8. Sections 142.067(b), 143.307(d), 143.361(d), |
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and 174.005(b), Local Government Code, as added by this Act, apply |
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only to an agreement entered into or renewed on or after September |
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1, 2021. An agreement entered into or renewed before September 1, |
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2021, is governed by the law in effect on the date the agreement was |
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entered into or renewed, and the former law is continued in effect |
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for that purpose. |
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SECTION 9. This Act takes effect September 1, 2021. |