1-1 By: Ellis S.B. No. 1529
1-2 (In the Senate - Filed March 13, 1995; March 21, 1995, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 12, 1995, reported favorably by the following
1-5 vote: Yeas 9, Nays 0; April 12, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the investigation of a county or municipal law
1-9 enforcement officer in certain counties and municipalities.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subtitle C, Title 5, Local Government Code, is
1-12 amended by adding Chapter 176 to read as follows:
1-13 CHAPTER 176. INVESTIGATION OF COUNTY AND MUNICIPAL LAW
1-14 ENFORCEMENT OFFICERS IN CERTAIN COUNTIES AND MUNICIPALITIES
1-15 Sec. 176.001. APPLICABILITY. This chapter does not apply:
1-16 (1) in a municipality to which Section 143.123
1-17 applies; or
1-18 (2) to an interrogation about an incident that could
1-19 in reasonable probability result in criminal charges being filed
1-20 against the law enforcement officer being interrogated.
1-21 Sec. 176.002. DEFINITIONS. In this chapter:
1-22 (1) "Agency" means a county or municipal law
1-23 enforcement agency.
1-24 (2) "Complainant" means a person claiming to be the
1-25 victim of misconduct by a law enforcement officer.
1-26 (3) "Investigation" means an administrative
1-27 investigation, conducted by the employing or appointing law
1-28 enforcement agency, of alleged misconduct by a law enforcement
1-29 officer that could in reasonable probability result in punitive
1-30 action against that person.
1-31 (4) "Investigator" means an agent or employee of an
1-32 agency who is assigned to conduct an investigation.
1-33 (5) "Law enforcement officer" means a person who is
1-34 employed or appointed by a county or municipal law enforcement
1-35 agency, or the agency head, and who is a peace officer under
1-36 Article 2.12, Code of Criminal Procedure, or other law.
1-37 (6) "Normally assigned working hours" includes those
1-38 hours during which a law enforcement officer is actually at work or
1-39 at the person's assigned place of work, but does not include any
1-40 time when the person is off duty on authorized leave, including
1-41 sick leave.
1-42 (7) "Punitive action" means a disciplinary suspension,
1-43 dismissal from the agency, demotion in rank, or any combination of
1-44 those actions.
1-45 Sec. 176.003. IDENTITY OF INVESTIGATOR. (a) A law
1-46 enforcement officer who is the subject of an investigation has the
1-47 right to inquire and, on inquiry, to be informed of the identities
1-48 of each investigator participating in an interrogation of the law
1-49 enforcement officer.
1-50 (b) In an agency with more than 75 law enforcement officers,
1-51 a person may not be assigned to conduct an investigation if the
1-52 person is the complainant, the ultimate decision maker regarding
1-53 punitive action, or a person who has any personal involvement
1-54 regarding the alleged misconduct.
1-55 Sec. 176.004. OFFICER'S PARTICIPATION IN INVESTIGATION. The
1-56 agency head may not consider work time missed from regular duties
1-57 by a law enforcement officer due to participation in the conduct of
1-58 an investigation in determining whether to impose a punitive action
1-59 or in determining the severity of a punitive action.
1-60 Sec. 176.005. INTERROGATION DURING WORKING HOURS. An
1-61 investigator may interrogate a law enforcement officer who is the
1-62 subject of an investigation only during the law enforcement
1-63 officer's normally assigned working hours unless the law
1-64 enforcement officer is compensated for the interrogation time on an
1-65 overtime basis.
1-66 Sec. 176.006. LOCATION OF INTERROGATION. An investigator
1-67 may not interrogate a law enforcement officer who is the subject of
1-68 an investigation at that officer's home without that officer's
2-1 permission.
2-2 Sec. 176.007. PREREQUISITES TO INTERROGATION. (a) Before
2-3 an investigator may interrogate a law enforcement officer who is
2-4 the subject of an investigation, the investigator must inform the
2-5 law enforcement officer in writing of the nature of the
2-6 investigation and the name of each person who complained about the
2-7 law enforcement officer concerning the matters under investigation.
2-8 (b) An investigator may not conduct an interrogation of a
2-9 law enforcement officer based on a complaint by a complainant who
2-10 is not a peace officer unless the complainant verifies the
2-11 complaint in writing before a public officer who is authorized by
2-12 law to take statements under oath.
2-13 (c) In an investigation under this chapter, an investigator
2-14 may interrogate a law enforcement officer about events or conduct
2-15 reported by a witness who is not a complainant without disclosing
2-16 the name of the witness.
2-17 (d) An interrogation may be conducted to investigate a
2-18 complaint from an anonymous complainant if the agency employee
2-19 receiving the anonymous complaint certifies in writing, under oath,
2-20 that the complainant did not give the complainant's name or other
2-21 personal identification.
2-22 (e) This section does not apply to an investigation that
2-23 occurs on the scene of and immediately after an incident being
2-24 investigated if the limitations of this section would unreasonably
2-25 hinder the essential purpose of the investigation or interrogation.
2-26 If the limitations would hinder the investigation or interrogation,
2-27 the law enforcement officer under investigation must be furnished,
2-28 as soon as practicable, a written statement of the nature of the
2-29 investigation, the name of each complaining party, and the
2-30 complaint or statement.
2-31 Sec. 176.008. CONDUCT OF INTERROGATION. (a) An
2-32 interrogation session of a law enforcement officer who is the
2-33 subject of an investigation may not be unreasonably long. In
2-34 determining reasonableness, the gravity and complexity of the
2-35 investigation must be considered. The investigators shall allow
2-36 reasonable interruptions to permit the law enforcement officer to
2-37 attend to personal physical necessities.
2-38 (b) An investigator may not threaten a law enforcement
2-39 officer who is the subject of an investigation with punitive action
2-40 during an interrogation. An investigator, however, may inform a
2-41 law enforcement officer that failure to answer truthfully
2-42 reasonable questions directly related to the investigation or to
2-43 cooperate fully in the conduct of the investigation may result in
2-44 punitive action.
2-45 Sec. 176.009. RECORDING OF INTERROGATION. If prior
2-46 notification of intent to record an interrogation is given to the
2-47 other party, either the investigator or the law enforcement officer
2-48 who is the subject of an interrogation may record the
2-49 interrogation.
2-50 Sec. 176.010. RESULTS OF INVESTIGATION. (a) If an
2-51 investigation does not result in punitive action against a law
2-52 enforcement officer but does result in a reprimand recorded in
2-53 writing or an adverse finding or determination regarding the
2-54 officer, the reprimand, finding, or determination may not be placed
2-55 in the officer's personnel file unless the officer is first given
2-56 an opportunity to read and sign the document.
2-57 (b) If the law enforcement officer refuses to sign the
2-58 reprimand, finding, or determination, it may be placed in the
2-59 personnel file with a notation that the officer refused to sign it.
2-60 (c) A law enforcement officer may respond in writing to a
2-61 reprimand, finding, or determination that is placed in the
2-62 officer's personnel file under this section by submitting a written
2-63 response to the agency head within 10 days after the date the law
2-64 enforcement officer is asked to sign the document. The response
2-65 shall be placed in the personnel file.
2-66 (d) A law enforcement officer who receives a punitive action
2-67 and who elects not to appeal the action under any available appeal
2-68 procedure may file a written response as prescribed by this section
2-69 within 10 days after the date the officer is given written notice
2-70 of the punitive action from the agency head.
3-1 Sec. 176.011. EXCLUSION OF EVIDENCE. Any information
3-2 obtained in violation of this chapter may not be used as evidence
3-3 against the law enforcement officer in any administrative action.
3-4 SECTION 2. (a) Except as provided by Subsection (b) of this
3-5 section, Chapter 176, Local Government Code, as added by this Act,
3-6 applies only to an interrogation that takes place on or after the
3-7 effective date of this Act.
3-8 (b) Section 176.004, Local Government Code, as added by this
3-9 Act, applies only to an action of an agency head on or after the
3-10 effective date of this Act that is based on an interrogation or
3-11 investigation that takes place on, before, or after the effective
3-12 date of this Act.
3-13 (c) Subsection (b), Section 176.003, Local Government Code,
3-14 as added by this Act, applies only to an assignment that is made on
3-15 or after the effective date of this Act.
3-16 (d) Section 176.010, Local Government Code, as added by this
3-17 Act, applies only to a punitive action that is taken or to a
3-18 reprimand, finding, or determination that is placed in a personnel
3-19 file on or after the effective date of this Act.
3-20 SECTION 3. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended,
3-25 and that this Act take effect and be in force from and after its
3-26 passage, and it is so enacted.
3-27 * * * * *