By: Bailey H.B. No. 1727
73R6143 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the investigation of a county or municipal law
1-3 enforcement officer in certain counties and municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 180, Local Government Code, is amended by
1-6 adding Section 180.004 to read as follows:
1-7 Sec. 180.004. INVESTIGATION OF COUNTY AND MUNICIPAL LAW
1-8 ENFORCEMENT OFFICERS IN CERTAIN COUNTIES AND MUNICIPALITIES. (a)
1-9 This section only applies in a:
1-10 (1) county in which the county government through its
1-11 offices, departments, or other agencies employs more than 25 law
1-12 enforcement officers; and
1-13 (2) municipality in which:
1-14 (A) the municipal government through its
1-15 offices, departments, or other agencies employs more than 25 law
1-16 enforcement officers; and
1-17 (B) Section 143.123 does not apply.
1-18 (b) In this section:
1-19 (1) "Agency" means a county or municipal law
1-20 enforcement agency.
1-21 (2) "Complainant" means a person claiming to be the
1-22 victim of misconduct by a law enforcement officer.
1-23 (3) "Investigation" means an administrative
1-24 investigation, conducted by the employing or appointing law
2-1 enforcement agency, of alleged misconduct by a law enforcement
2-2 officer that could result in punitive action against that person.
2-3 (4) "Investigator" means an agent or employee of an
2-4 agency who is assigned to conduct an investigation.
2-5 (5) "Law enforcement officer" means a person who is
2-6 employed or appointed by a county or municipal law enforcement
2-7 agency, or the agency head, and who is a peace officer under
2-8 Article 2.12, Code of Criminal Procedure, or other law.
2-9 (6) "Normally assigned working hours" includes those
2-10 hours during which a law enforcement officer is actually at work or
2-11 at the person's assigned place of work, but does not include any
2-12 time when the person is off duty on authorized leave, including
2-13 sick leave.
2-14 (7) "Punitive action" means a disciplinary suspension,
2-15 dismissal from the agency, demotion in rank, reprimand, or any
2-16 combination of those actions.
2-17 (c) An investigator may interrogate a law enforcement
2-18 officer who is the subject of an investigation only during the law
2-19 enforcement officer's normally assigned working hours unless:
2-20 (1) the seriousness of the investigation, as
2-21 determined by the law enforcement officer's agency head or the
2-22 agency head's designee, requires interrogation at another time; and
2-23 (2) the law enforcement officer is compensated for the
2-24 interrogation time on an overtime basis.
2-25 (d) The agency head may not consider work time missed from
2-26 regular duties by a law enforcement officer due to participation in
2-27 the conduct of an investigation in determining whether to impose a
3-1 punitive action or in determining the severity of a punitive
3-2 action.
3-3 (e) An investigator may not interrogate a law enforcement
3-4 officer who is the subject of an investigation or conduct any part
3-5 of the investigation at that person's home without that person's
3-6 permission.
3-7 (f) A person may not be assigned to conduct an investigation
3-8 if the person is the complainant, the ultimate decision maker
3-9 regarding disciplinary action, or a person who has any personal
3-10 involvement regarding the alleged misconduct. A law enforcement
3-11 officer who is the subject of an investigation has the right to
3-12 inquire and, on inquiry, to be informed of the identities of each
3-13 investigator participating in an interrogation of the law
3-14 enforcement officer.
3-15 (g) Before an investigator may interrogate a law enforcement
3-16 officer who is the subject of an investigation, the investigator
3-17 must inform the law enforcement officer in writing of the nature of
3-18 the investigation and the name of each person who complained about
3-19 the law enforcement officer concerning the matters under
3-20 investigation. An investigator may not conduct an interrogation of
3-21 a law enforcement officer based on a complaint by a complainant who
3-22 is not a peace officer unless the complainant verifies the
3-23 complaint in writing before a public officer who is authorized by
3-24 law to take statements under oath. In an investigation authorized
3-25 under this subsection, an investigator may interrogate a law
3-26 enforcement officer about events or conduct reported by a witness
3-27 who is not a complainant without disclosing the name of the
4-1 witness. Not later than the 48th hour before the hour on which an
4-2 investigator begins to interrogate a law enforcement officer
4-3 regarding an allegation based on a complaint, affidavit, or
4-4 statement, the investigator shall give the law enforcement officer
4-5 a copy of the affidavit, complaint, or statement. An interrogation
4-6 may be based on a complaint from an anonymous complainant if the
4-7 agency employee receiving the anonymous complaint certifies in
4-8 writing, under oath, that the complaint was anonymous. This
4-9 subsection does not apply to an on-the-scene investigation that
4-10 occurs immediately after an incident being investigated if the
4-11 limitations of this subsection would unreasonably hinder the
4-12 essential purpose of the investigation or interrogation. If the
4-13 limitation would hinder the investigation or interrogation, the law
4-14 enforcement officer under investigation must be furnished, as soon
4-15 as practicable, a written statement of the nature of the
4-16 investigation, the name of each complaining party, and the
4-17 complaint, affidavit, or statement.
4-18 (h) An interrogation session of a law enforcement officer
4-19 who is the subject of an investigation may not be unreasonably
4-20 long. In determining reasonableness, the gravity and complexity of
4-21 the investigation must be considered. The investigators shall
4-22 allow reasonable interruptions to permit the law enforcement
4-23 officer to attend to personal physical necessities.
4-24 (i) An investigator may not threaten a law enforcement
4-25 officer who is the subject of an investigation with punitive action
4-26 during an interrogation. However, an investigator may inform a law
4-27 enforcement officer that failure to truthfully answer reasonable
5-1 questions directly related to the investigation or to fully
5-2 cooperate in the conduct of the investigation may result in
5-3 punitive action.
5-4 (j) If prior notification of intent to record an
5-5 interrogation is given to the other party, either the investigator
5-6 or the law enforcement officer who is the subject of an
5-7 interrogation may record the interrogation.
5-8 (k) If an investigation does not result in punitive action
5-9 against a law enforcement officer but does result in a reprimand
5-10 recorded in writing or an adverse finding or determination
5-11 regarding that person, the reprimand, finding, or determination may
5-12 not be placed in that person's personnel file unless the law
5-13 enforcement officer is first given an opportunity to read and sign
5-14 the document. If the law enforcement officer refuses to sign the
5-15 reprimand, finding, or determination, it may be placed in the
5-16 personnel file with a notation that the person refused to sign it.
5-17 A law enforcement officer may respond in writing to a reprimand,
5-18 finding, or determination that is placed in the person's personnel
5-19 file under this subsection by submitting a written response to the
5-20 agency head within 10 days after the date the law enforcement
5-21 officer is asked to sign the document. The response shall be
5-22 placed in the personnel file. A law enforcement officer who
5-23 receives a punitive action and who elects not to appeal the action
5-24 under any available appeal procedure may file a written response as
5-25 prescribed by this subsection within 10 days after the date the
5-26 person is given written notice of the punitive action from the
5-27 agency head.
6-1 (l) If the agency head or any investigator violates any of
6-2 the provisions of this section while conducting an investigation,
6-3 the agency head or a court of competent jurisdiction shall reverse
6-4 any punitive action taken as a result of the investigation,
6-5 including a reprimand, and any information obtained during the
6-6 investigation may not be introduced into evidence in any proceeding
6-7 against the law enforcement officer.
6-8 SECTION 2. The importance of this legislation and the
6-9 crowded condition of the calendars in both houses create an
6-10 emergency and an imperative public necessity that the
6-11 constitutional rule requiring bills to be read on three several
6-12 days in each house be suspended, and this rule is hereby suspended,
6-13 and that this Act take effect and be in force from and after its
6-14 passage, and it is so enacted.