Bill Text: TX SB2209 | 2023-2024 | 88th Legislature | Engrossed
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-Engrossed.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-Engrossed.html
| By: Hancock | S.B. No. 2209 | |
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| relating to the disclosure of information in department files of | ||
| fire fighters or police officers and civilian oversight boards in | ||
| certain municipalities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| 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 2. 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 3. 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 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 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 5. 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. | ||
| SECTION 6. This Act takes effect September 1, 2023. | ||
