By Bailey H.B. No. 1916
74R5782 PEP-F
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. Subtitle C, Title 5, Local Government Code, is
1-6 amended by adding Chapter 176 to read as follows:
1-7 CHAPTER 176. INVESTIGATION OF COUNTY AND MUNICIPAL LAW
1-8 ENFORCEMENT OFFICERS IN CERTAIN COUNTIES AND MUNICIPALITIES
1-9 Sec. 176.001. APPLICABILITY. This chapter does not apply in
1-10 a municipality:
1-11 (1) to which Section 143.123 applies; or
1-12 (2) in which the municipal government through its
1-13 offices, departments, or other agencies employs not more than 25
1-14 law enforcement officers.
1-15 Sec. 176.002. DEFINITIONS. In this chapter:
1-16 (1) "Agency" means a county or municipal law
1-17 enforcement agency.
1-18 (2) "Complainant" means a person claiming to be the
1-19 victim of misconduct by a law enforcement officer.
1-20 (3) "Investigation" means an administrative
1-21 investigation, conducted by the employing or appointing law
1-22 enforcement agency, of alleged misconduct by a law enforcement
1-23 officer that could in reasonable probability result in punitive
1-24 action against that person.
2-1 (4) "Investigator" means an agent or employee of an
2-2 agency who is assigned to conduct an investigation.
2-3 (5) "Law enforcement officer" means a person who is
2-4 employed or appointed by a county or municipal law enforcement
2-5 agency, or the agency head, and who is a peace officer under
2-6 Article 2.12, Code of Criminal Procedure, or other law.
2-7 (6) "Normally assigned working hours" includes those
2-8 hours during which a law enforcement officer is actually at work or
2-9 at the person's assigned place of work, but does not include any
2-10 time when the person is off duty on authorized leave, including
2-11 sick leave.
2-12 (7) "Punitive action" means a disciplinary suspension,
2-13 dismissal from the agency, demotion in rank, or any combination of
2-14 those actions.
2-15 Sec. 176.003. IDENTITY OF INVESTIGATOR. (a) A law
2-16 enforcement officer who is the subject of an investigation has the
2-17 right to inquire and, on inquiry, to be informed of the identities
2-18 of each investigator participating in an interrogation of the law
2-19 enforcement officer.
2-20 (b) A person may not be assigned to conduct an investigation
2-21 if the person is the complainant, the ultimate decision-maker
2-22 regarding punitive action, or a person who has any personal
2-23 involvement regarding the alleged misconduct.
2-24 Sec. 176.004. OFFICER'S PARTICIPATION IN INVESTIGATION. The
2-25 agency head may not consider work time missed from regular duties
2-26 by a law enforcement officer due to participation in the conduct of
2-27 an investigation in determining whether to impose a punitive action
3-1 or in determining the severity of a punitive action.
3-2 Sec. 176.005. INTERROGATION DURING WORKING HOURS. An
3-3 investigator may interrogate a law enforcement officer who is the
3-4 subject of an investigation only during the law enforcement
3-5 officer's normally assigned working hours unless:
3-6 (1) the seriousness of the investigation, as
3-7 determined by the agency head or the agency head's designee,
3-8 requires interrogation at another time; and
3-9 (2) the law enforcement officer is compensated for the
3-10 interrogation time on an overtime basis.
3-11 Sec. 176.006. LOCATION OF INTERROGATION. An investigator
3-12 may not interrogate a law enforcement officer who is the subject of
3-13 an investigation at that officer's home without that officer's
3-14 permission.
3-15 Sec. 176.007. PREREQUISITES TO INTERROGATION. (a) Before
3-16 an investigator may interrogate a law enforcement officer who is
3-17 the subject of an investigation, the investigator must inform the
3-18 law enforcement officer in writing of the nature of the
3-19 investigation and the name of each person who complained about the
3-20 law enforcement officer concerning the matters under investigation.
3-21 (b) An investigator may not conduct an interrogation of a
3-22 law enforcement officer based on a complaint by a complainant who
3-23 is not a peace officer unless the complainant verifies the
3-24 complaint in writing before a public officer who is authorized by
3-25 law to take statements under oath.
3-26 (c) In an investigation under this chapter, an investigator
3-27 may interrogate a law enforcement officer about events or conduct
4-1 reported by a witness who is not a complainant without disclosing
4-2 the name of the witness.
4-3 (d) An interrogation may be based on a complaint from an
4-4 anonymous complainant if the agency employee receiving the
4-5 anonymous complaint certifies in writing, under oath, that the
4-6 complaint was anonymous.
4-7 (e) Not later than the 48th hour before the hour an
4-8 investigator begins to interrogate a law enforcement officer
4-9 regarding an allegation based on a complaint, affidavit, or
4-10 statement, the investigator shall give the officer a copy of the
4-11 complaint, affidavit, or statement.
4-12 (f) This section does not apply to an on-the-scene
4-13 investigation that occurs immediately after an incident being
4-14 investigated if the limitations of this section would unreasonably
4-15 hinder the essential purpose of the investigation or interrogation.
4-16 If the limitations would hinder the investigation or interrogation,
4-17 the law enforcement officer under investigation must be furnished,
4-18 as soon as practicable, a written statement of the nature of the
4-19 investigation, the name of each complaining party, and a copy of
4-20 the complaint, affidavit, or statement.
4-21 Sec. 176.008. CONDUCT OF INTERROGATION. (a) A law
4-22 enforcement officer who is the subject of an investigation is
4-23 entitled to be represented by counsel who may be present during any
4-24 interrogation of the officer.
4-25 (b) An interrogation session of a law enforcement officer
4-26 who is the subject of an investigation may not be unreasonably
4-27 long. In determining reasonableness, the gravity and complexity of
5-1 the investigation must be considered. The investigators shall
5-2 allow reasonable interruptions to permit the law enforcement
5-3 officer to attend to personal physical necessities.
5-4 (c) An investigator may not threaten a law enforcement
5-5 officer who is the subject of an investigation with punitive action
5-6 during an interrogation. However, an investigator may inform a law
5-7 enforcement officer that failure to truthfully answer reasonable
5-8 questions directly related to the investigation or to fully
5-9 cooperate in the conduct of the investigation may result in
5-10 punitive action.
5-11 Sec. 176.009. RECORDING OF INTERROGATION. If prior
5-12 notification of intent to record an interrogation is given to the
5-13 other party, either the investigator or the law enforcement officer
5-14 who is the subject of an interrogation may record the
5-15 interrogation.
5-16 Sec. 176.010. RESULTS OF INVESTIGATION. (a) If an
5-17 investigation does not result in punitive action against a law
5-18 enforcement officer but does result in a reprimand recorded in
5-19 writing or an adverse finding or determination regarding the
5-20 officer, the reprimand, finding, or determination may not be placed
5-21 in the officer's personnel file unless the officer is first given
5-22 an opportunity to read and sign the document.
5-23 (b) If the law enforcement officer refuses to sign the
5-24 reprimand, finding, or determination, it may be placed in the
5-25 personnel file with a notation that the officer refused to sign it.
5-26 (c) A law enforcement officer may respond in writing to a
5-27 reprimand, finding, or determination that is placed in the
6-1 officer's personnel file under this section by submitting a written
6-2 response to the agency head within 10 days after the date the law
6-3 enforcement officer is asked to sign the document. The response
6-4 shall be placed in the personnel file.
6-5 (d) A law enforcement officer who receives a punitive action
6-6 and who elects not to appeal the action under any available appeal
6-7 procedure may file a written response as prescribed by this section
6-8 within 10 days after the date the officer is given written notice
6-9 of the punitive action from the agency head.
6-10 Sec. 176.011. EXCLUSION OF EVIDENCE. If the agency head or
6-11 any investigator violates any of the provisions of this section
6-12 while conducting an investigation, the agency head or a court of
6-13 competent jurisdiction shall reverse any punitive action taken as a
6-14 result of the investigation, including a reprimand, and any
6-15 information obtained during the investigation may not be introduced
6-16 into evidence in any proceeding against the law enforcement
6-17 officer.
6-18 SECTION 2. (a) Except as provided by Subsection (b) of this
6-19 section, Chapter 176, Local Government Code, as added by this Act,
6-20 applies only to an interrogation that takes place on or after the
6-21 effective date of this Act.
6-22 (b) Section 176.004, Local Government Code, as added by this
6-23 Act, applies only to an action of an agency head on or after the
6-24 effective date of this Act that is based on an interrogation or
6-25 investigation that takes place on, before, or after the effective
6-26 date of this Act.
6-27 (c) Section 176.003(b), Local Government Code, as added by
7-1 this Act, applies only to an assignment that is made on or after
7-2 the effective date of this Act.
7-3 (d) Section 176.010, Local Government Code, as added by this
7-4 Act, applies only to a punitive action that is taken or to a
7-5 reprimand, finding, or determination that is placed in a personnel
7-6 file on or after the effective date of this Act.
7-7 SECTION 3. The importance of this legislation and the
7-8 crowded condition of the calendars in both houses create an
7-9 emergency and an imperative public necessity that the
7-10 constitutional rule requiring bills to be read on three several
7-11 days in each house be suspended, and this rule is hereby suspended,
7-12 and that this Act take effect and be in force from and after its
7-13 passage, and it is so enacted.