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A BILL TO BE ENTITLED
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AN ACT
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relating to a progressive disciplinary matrix for police officer |
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misconduct in certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 142, Local Government |
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Code, is amended by adding Section 142.0605 to read as follows: |
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Sec. 142.0605. PROGRESSIVE DISCIPLINARY MATRIX. (a) A |
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public employer shall implement a progressive disciplinary matrix, |
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as described by Section 143.0511, for municipal police officers if |
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the municipality has not adopted Chapter 143. |
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(b) The public employer shall adopt rules necessary to |
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implement the progressive disciplinary matrix. |
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SECTION 2. 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) An agreement under this subchapter: |
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(1) must implement the progressive disciplinary |
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matrix established under Section 142.0605 or 143.0511; and |
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(2) may not conflict with and does not supersede a |
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statute, ordinance, order, civil service provision, or rule |
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concerning the disciplinary actions that may be imposed on a police |
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officer under the progressive disciplinary matrix. |
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SECTION 3. Section 143.003, Local Government Code, is |
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amended by adding Subdivision (6) to read as follows: |
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(6) "Progressive disciplinary matrix" means a formal |
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schedule for disciplinary actions that may be taken against a |
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police officer as described by Section 143.0511. |
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SECTION 4. Section 143.008, Local Government Code, is |
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amended by amending Subsection (c) and adding Subsection (c-1) to |
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read as follows: |
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(c) The commission shall adopt rules that prescribe cause |
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for removal or suspension of a fire fighter [or police officer]. The |
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rules must comply with the grounds for removal prescribed by |
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Section 143.051. |
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(c-1) The commission shall adopt rules that prescribe the |
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disciplinary actions that may be taken against a police officer |
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under a progressive disciplinary matrix. |
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SECTION 5. Subchapter D, Chapter 143, Local Government |
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Code, is amended by adding Section 143.0511 to read as follows: |
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Sec. 143.0511. PROGRESSIVE DISCIPLINARY MATRIX. (a) The |
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commission shall implement a progressive disciplinary matrix for |
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infractions committed by police officers that consists of a range |
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of progressive disciplinary actions applied in a standardized way |
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based on the nature of the infraction and the officer's prior |
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conduct record, including removal, suspension, change of duty or |
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assignment, demotion, deduction of points from a promotional |
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examination grade, retraining, a written warning, or a written |
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reprimand. |
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(b) The progressive disciplinary matrix must include: |
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(1) standards for disciplinary actions relating to the |
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use of force against another person, including the failure to |
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de-escalate force incidents in accordance with departmental |
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policy; |
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(2) standards for evaluating the level of discipline |
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appropriate for uncommon infractions; and |
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(3) presumptive actions to be taken for each type of |
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infraction and any adjustment to be made based on a police officer's |
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previous disciplinary record. |
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SECTION 6. Section 143.057, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (b-1) to |
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read as follows: |
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(a) In addition to the other notice requirements prescribed |
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by this chapter, the written notice for a promotional bypass or the |
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letter of disciplinary action, as applicable, issued to a fire |
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fighter or police officer must state that in an appeal of an |
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indefinite suspension, a suspension, a promotional bypass, [or] a |
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recommended demotion, or, if issued to a police officer, any other |
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disciplinary sanction, the appealing fire fighter or police officer |
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may elect to appeal to an independent third party hearing examiner |
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instead of to the commission. The letter must also state that if the |
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fire fighter or police officer elects to appeal to a hearing |
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examiner, the person waives all rights to appeal to a district court |
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except as provided by Subsection (j). |
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(b-1) A hearing examiner must presume a disciplinary action |
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applied to a police officer under a progressive disciplinary matrix |
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is reasonable unless the facts indicate that the department |
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inappropriately applied a category of offense to the particular |
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violation. |
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SECTION 7. 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: |
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(1) must implement the progressive disciplinary |
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matrix established under Section 143.0511; and |
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(2) may not conflict with and does not supersede a |
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statute, order, ordinance, or rule concerning the disciplinary |
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actions that may be imposed on a police officer under the |
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progressive disciplinary matrix. |
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SECTION 8. 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 affecting police |
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officers: |
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(1) must implement the progressive disciplinary |
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matrix established under Section 143.0511; and |
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(2) may not conflict with and does not supersede an |
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ordinance, order, statute, or rule concerning the disciplinary |
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actions that may be imposed on a police officer under the |
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progressive disciplinary matrix. |
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SECTION 9. 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 that conflicts with an ordinance, |
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order, statute, or rule concerning the disciplinary actions that |
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may be imposed on municipal police officers under a progressive |
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disciplinary matrix implemented by the municipal public employer. |
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SECTION 10. Subchapter B, Chapter 174, Local Government |
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Code, is amended by adding Section 174.024 to read as follows: |
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Sec. 174.024. PROGRESSIVE DISCIPLINARY MATRIX FOR CERTAIN |
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POLICE OFFICERS. (a) A municipal public employer shall implement a |
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progressive disciplinary matrix, as described by Section 143.0511, |
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for municipal police officers if the municipality has not adopted |
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Chapter 143. |
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(b) The municipal public employer shall adopt rules |
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necessary to implement the progressive disciplinary matrix. |
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SECTION 11. The changes in law made by this Act to the Local |
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Government Code apply only to a disciplinary action for conduct |
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that occurs on or after March 1, 2022. Conduct that occurs before |
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that date is governed by the law in effect immediately before that |
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date, and the former law is continued in effect for that purpose. |
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SECTION 12. 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 March 1, |
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2022. An agreement entered into or renewed before March 1, 2022, is |
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governed by the law in effect on the date the agreement was entered |
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into or renewed, and the former law is continued in effect for that |
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purpose. |
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SECTION 13. (a) The Bill Blackwood Law Enforcement |
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Management Institute of Texas shall consult with law enforcement |
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agencies of all sizes, law enforcement associations, law |
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enforcement training experts, and appropriate organizations |
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engaged in the development of law enforcement policy to develop a |
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model progressive disciplinary matrix, as defined by Section |
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143.003(6), Local Government Code, as added by this Act, and |
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associated training materials regarding the application of that |
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matrix. The institute shall provide for a period of public comment |
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before adopting the model progressive disciplinary matrix and |
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training materials. |
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(b) Not later than January 1, 2022, the institute shall |
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adopt and disseminate the model progressive disciplinary matrix and |
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training materials to all law enforcement agencies and civil |
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service commissions in this state. |
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(c) This section expires September 1, 2022. |
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SECTION 14. This Act takes effect September 1, 2021. |