By Ellis S.B. No. 1529
74R5721 MLR-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. 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:
1-10 (1) in a municipality to which Section 143.123
1-11 applies; or
1-12 (2) to an interrogation about an incident that could
1-13 in reasonable probability result in criminal charges being filed
1-14 against the law enforcement officer being interrogated.
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) In an agency with more than 75 law enforcement officers,
2-21 a person may not be assigned to conduct an investigation if the
2-22 person is the complainant, the ultimate decision maker regarding
2-23 punitive action, or a person who has any personal involvement
2-24 regarding the alleged misconduct.
2-25 Sec. 176.004. OFFICER'S PARTICIPATION IN INVESTIGATION. The
2-26 agency head may not consider work time missed from regular duties
2-27 by a law enforcement officer due to participation in the conduct of
3-1 an investigation in determining whether to impose a punitive action
3-2 or in determining the severity of a punitive action.
3-3 Sec. 176.005. INTERROGATION DURING WORKING HOURS. An
3-4 investigator may interrogate a law enforcement officer who is the
3-5 subject of an investigation only during the law enforcement
3-6 officer's normally assigned working hours unless the law
3-7 enforcement officer is compensated for the interrogation time on an
3-8 overtime basis.
3-9 Sec. 176.006. LOCATION OF INTERROGATION. An investigator
3-10 may not interrogate a law enforcement officer who is the subject of
3-11 an investigation at that officer's home without that officer's
3-12 permission.
3-13 Sec. 176.007. PREREQUISITES TO INTERROGATION. (a) Before
3-14 an investigator may interrogate a law enforcement officer who is
3-15 the subject of an investigation, the investigator must inform the
3-16 law enforcement officer in writing of the nature of the
3-17 investigation and the name of each person who complained about the
3-18 law enforcement officer concerning the matters under investigation.
3-19 (b) An investigator may not conduct an interrogation of a
3-20 law enforcement officer based on a complaint by a complainant who
3-21 is not a peace officer unless the complainant verifies the
3-22 complaint in writing before a public officer who is authorized by
3-23 law to take statements under oath.
3-24 (c) In an investigation under this chapter, an investigator
3-25 may interrogate a law enforcement officer about events or conduct
3-26 reported by a witness who is not a complainant without disclosing
3-27 the name of the witness.
4-1 (d) An interrogation may be conducted to investigate a
4-2 complaint from an anonymous complainant if the agency employee
4-3 receiving the anonymous complaint certifies in writing, under oath,
4-4 that the complainant did not give the complainant's name or other
4-5 personal identification.
4-6 (e) This section does not apply to an investigation that
4-7 occurs on the scene of and immediately after an incident being
4-8 investigated if the limitations of this section would unreasonably
4-9 hinder the essential purpose of the investigation or interrogation.
4-10 If the limitations would hinder the investigation or interrogation,
4-11 the law enforcement officer under investigation must be furnished,
4-12 as soon as practicable, a written statement of the nature of the
4-13 investigation, the name of each complaining party, and the
4-14 complaint or statement.
4-15 Sec. 176.008. CONDUCT OF INTERROGATION. (a) An
4-16 interrogation session of a law enforcement officer who is the
4-17 subject of an investigation may not be unreasonably long. In
4-18 determining reasonableness, the gravity and complexity of the
4-19 investigation must be considered. The investigators shall allow
4-20 reasonable interruptions to permit the law enforcement officer to
4-21 attend to personal physical necessities.
4-22 (b) An investigator may not threaten a law enforcement
4-23 officer who is the subject of an investigation with punitive action
4-24 during an interrogation. An investigator, however, may inform a
4-25 law enforcement officer that failure to truthfully answer
4-26 reasonable questions directly related to the investigation or to
4-27 fully cooperate in the conduct of the investigation may result in
5-1 punitive action.
5-2 Sec. 176.009. RECORDING OF INTERROGATION. If prior
5-3 notification of intent to record an interrogation is given to the
5-4 other party, either the investigator or the law enforcement officer
5-5 who is the subject of an interrogation may record the
5-6 interrogation.
5-7 Sec. 176.010. RESULTS OF INVESTIGATION. (a) If an
5-8 investigation does not result in punitive action against a law
5-9 enforcement officer but does result in a reprimand recorded in
5-10 writing or an adverse finding or determination regarding the
5-11 officer, the reprimand, finding, or determination may not be placed
5-12 in the officer's personnel file unless the officer is first given
5-13 an opportunity to read and sign the document.
5-14 (b) 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 officer refused to sign it.
5-17 (c) A law enforcement officer may respond in writing to a
5-18 reprimand, finding, or determination that is placed in the
5-19 officer's personnel file under this section by submitting a written
5-20 response to the agency head within 10 days after the date the law
5-21 enforcement officer is asked to sign the document. The response
5-22 shall be placed in the personnel file.
5-23 (d) A law enforcement officer who receives a punitive action
5-24 and who elects not to appeal the action under any available appeal
5-25 procedure may file a written response as prescribed by this section
5-26 within 10 days after the date the officer is given written notice
5-27 of the punitive action from the agency head.
6-1 Sec. 176.011. EXCLUSION OF EVIDENCE. Any information
6-2 obtained in violation of this chapter may not be used as evidence
6-3 against the law enforcement officer in any administrative action.
6-4 SECTION 2. (a) Except as provided by Subsection (b) of this
6-5 section, Chapter 176, Local Government Code, as added by this Act,
6-6 applies only to an interrogation that takes place on or after the
6-7 effective date of this Act.
6-8 (b) Section 176.004, Local Government Code, as added by this
6-9 Act, applies only to an action of an agency head on or after the
6-10 effective date of this Act that is based on an interrogation or
6-11 investigation that takes place on, before, or after the effective
6-12 date of this Act.
6-13 (c) Section 176.003(b), Local Government Code, as added by
6-14 this Act, applies only to an assignment that is made on or after
6-15 the effective date of this Act.
6-16 (d) Section 176.010, Local Government Code, as added by this
6-17 Act, applies only to a punitive action that is taken or to a
6-18 reprimand, finding, or determination that is placed in a personnel
6-19 file on or after the effective date of this Act.
6-20 SECTION 3. The importance of this legislation and the
6-21 crowded condition of the calendars in both houses create an
6-22 emergency and an imperative public necessity that the
6-23 constitutional rule requiring bills to be read on three several
6-24 days in each house be suspended, and this rule is hereby suspended,
6-25 and that this Act take effect and be in force from and after its
6-26 passage, and it is so enacted.