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.
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