By Torres H.B. No. 2819
75R6264 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to disciplinary procedures for certain fire fighters and
1-3 police officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143.1015(a), Local Government Code, is
1-6 amended to read as follows:
1-7 (a) An appeal by a fire fighter or police officer to the
1-8 commission from an action for which an appeal or review is provided
1-9 by this chapter is sufficient if the fire fighter or police officer
1-10 files it with the commission within 15 days after the date the
1-11 action occurred. In an appeal provided by this chapter, other than
1-12 in an appeal of an indefinite suspension, the commission shall
1-13 render a decision in writing within 60 days after it received the
1-14 notice of appeal, unless the provisions of Section 143.1017(d) have
1-15 been invoked by the fire fighter or police officer. In an appeal
1-16 of an indefinite suspension, the commission shall render a decision
1-17 in writing within 30 days after it receives the notice of appeal,
1-18 in accordance with Section 143.120(a). If the commission does not
1-19 render a decision in writing within the required time [60 days
1-20 after the date it receives notice of the appeal], the commission
1-21 shall sustain the fire fighter's or police officer's appeal.
1-22 SECTION 2. Subchapter G, Chapter 143, Local Government Code,
1-23 is amended by adding Section 143.1165 to read as follows:
1-24 Sec. 143.1165. PRE-DISCIPLINE MEETINGS. (a) Before
2-1 demoting, suspending, or indefinitely suspending a fire fighter or
2-2 police officer, the department head or the department head's
2-3 representative shall meet with the fire fighter or police officer.
2-4 The fire fighter or police officer is entitled, on request, to have
2-5 a representative of the fire fighter's or police officer's choice
2-6 attend the pre-discipline meeting. At the meeting, the department
2-7 head or the department head's representative shall present the fire
2-8 fighter or police officer with the charges that underlie the
2-9 proposed disciplinary action. The fire fighter or police officer
2-10 is entitled to an opportunity to respond to those charges.
2-11 (b) If the pre-discipline meeting is conducted by the
2-12 department head's representative, the representative shall make any
2-13 recommendation for discipline in writing within 14 days after the
2-14 date of the pre-discipline meeting. The fire fighter or police
2-15 officer is entitled to be provided a copy of the written
2-16 recommendation on the same date that it is provided to the
2-17 department head. The fire fighter or police officer may file a
2-18 written response to the recommendation with the department head
2-19 within seven days after the date the fire fighter or police officer
2-20 receives the representative's recommendation.
2-21 (c) If the pre-discipline meeting is conducted by the
2-22 department head's representative and the department head imposes a
2-23 disciplinary penalty that exceeds the penalty, if any, recommended
2-24 by the department head's representative, the department head must
2-25 first meet with the fire fighter or police officer. At the
2-26 meeting, and before making the final decision, the department head
2-27 shall explain the reasons for the department head's decision to
3-1 impose a greater penalty and provide the fire fighter or police
3-2 officer an opportunity to respond. The fire fighter or police
3-3 officer is entitled to have a representative of the fire fighter's
3-4 or police officer's choice attend the meeting.
3-5 SECTION 3. Subchapter G, Chapter 143, Local Government Code,
3-6 is amended by adding Section 143.1205 to read as follows:
3-7 Sec. 143.1205. DISCIPLINARY ACTION. The head of the fire or
3-8 police department may discipline a fire fighter or police officer
3-9 under the department head's supervision or jurisdiction only by
3-10 means of a reprimand, demotion, suspension, or indefinite
3-11 suspension. The department head may not discipline a fire fighter
3-12 or police officer by another means, including by a denial of
3-13 outside employment, a transfer between duty stations, a transfer
3-14 between shifts, or a transfer between departments or divisions.
3-15 SECTION 4. Section 143.117(a), Local Government Code, is
3-16 amended to read as follows:
3-17 (a) The head of the fire or police department may suspend a
3-18 fire fighter or police officer under the department head's
3-19 supervision or jurisdiction for disciplinary reasons for a
3-20 reasonable period not to exceed 15 days. The suspension may not be
3-21 imposed during the period in which an appeal may be filed or during
3-22 the period an appeal to the commission or to a hearing examiner is
3-23 pending.
3-24 SECTION 5. Section 143.118(b), Local Government Code, is
3-25 amended to read as follows:
3-26 (b) [If the commission finds that the period of disciplinary
3-27 suspension should be reduced, the commission may order a reduction
4-1 in the period of suspension.] The commission may completely
4-2 reverse the department head's decision or reduce the period of the
4-3 suspension [and instruct the department head to immediately restore
4-4 the fire fighter or police officer to the person's prior position
4-5 and to repay the person for any lost wages].
4-6 SECTION 6. The changes in law made by this Act apply only to
4-7 disciplinary action taken on or after the effective date of this
4-8 Act. Disciplinary action taken before the effective date of this
4-9 Act is governed by the law in effect at the time the disciplinary
4-10 action is taken, and that law is continued in effect for that
4-11 purpose.
4-12 SECTION 7. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended,
4-17 and that this Act take effect and be in force from and after its
4-18 passage, and it is so enacted.