By Gallegos                                     S.B. No. 1027

      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.