Bill Text: TX SB2209 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to provisions governing the municipal civil service of fire fighters or police officers in certain municipalities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-23 - Placed on General State Calendar [SB2209 Detail]
Download: Texas-2023-SB2209-Introduced.html
Bill Title: Relating to provisions governing the municipal civil service of fire fighters or police officers in certain municipalities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-23 - Placed on General State Calendar [SB2209 Detail]
Download: Texas-2023-SB2209-Introduced.html
| 2023S0284-1 03/09/23 | ||
| By: Hancock | S.B. No. 2209 | |
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| relating to municipal civil service for fire fighters and police | ||
| officers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 143.003, Local Government Code, is | ||
| amended by adding Subdivision (6) to read as follows: | ||
| (6) "Civilian oversight commission" means any | ||
| civilian body created or appointed by a political subdivision to | ||
| practice oversight, monitoring, or investigations of fire fighters | ||
| or law enforcement officers or departments. | ||
| SECTION 2. Subchapter A, Chapter 143, Local Government | ||
| Code, is amended by adding Section 143.017 to read as follows: | ||
| Sec. 143.017. INVESTIGATIONS OF EMPLOYEES. An | ||
| investigation under this chapter may not be performed by a civilian | ||
| oversight commission. | ||
| SECTION 3. Section 143.089, Local Government Code, is | ||
| amended by amending Subsection (b) and adding Subsections (i) and | ||
| (j) to read as follows: | ||
| (b) A letter, memorandum, or document relating to alleged | ||
| misconduct by the fire fighter or police officer 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. Letters, memoranda, or documents related to | ||
| alleged misconduct are confidential while the investigation is | ||
| pending. This subsection does not prohibit a law enforcement | ||
| agency hiring a police officer from viewing the contents of an | ||
| investigation file under Section 1701.451, Occupations Code. | ||
| (i) Notwithstanding Subsection (b), the employing | ||
| department may disclose information for a law enforcement purpose. | ||
| (j) A local ordinance, executive order, or rule adopted by a | ||
| political subdivision may not supersede any provision in this | ||
| section. | ||
| SECTION 4. 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 AGREEMENTS CONTROL. A mutual | ||
| agreement between a public employer and the bargaining agent | ||
| supersedes a local ordinance, executive order, or rule adopted by a | ||
| political subdivision. | ||
| Sec. 143.092. ELIGIBILITY FOR SERVICE ON A CIVILIAN | ||
| OVERSIGHT COMMISSION. A person is not eligible to serve on a | ||
| civilian oversight commission if the person: | ||
| (1) has been convicted of or placed on deferred | ||
| adjudication for a felony offense; or | ||
| (2) has been convicted of a crime of moral turpitude. | ||
| SECTION 5. Section 143.091, Local Government Code, as added | ||
| by this Act, applies to an agreement that was in effect on January | ||
| 1, 2023. | ||
| SECTION 6. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2023. | ||
