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A BILL TO BE ENTITLED
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AN ACT
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relating to matters concerning peace officers, including racial |
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profiling, use of force, equipment, and disciplinary procedures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. RACIAL PROFILING, EQUIPMENT, AND USE OF FORCE PROVISIONS |
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SECTION 1.01. Effective January 1, 2018, Article 2.132(b), |
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Code of Criminal Procedure, is amended to read as follows: |
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(b) Each law enforcement agency in this state shall adopt a |
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detailed written policy on racial profiling. The policy must: |
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(1) clearly define acts constituting racial |
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profiling; |
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(2) strictly prohibit peace officers employed by the |
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agency from engaging in racial profiling; |
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(3) implement a process by which an individual may |
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file a complaint with the agency if the individual believes that a |
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peace officer employed by the agency has engaged in racial |
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profiling with respect to the individual; |
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(4) provide public education relating to the agency's |
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complaint process; |
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(5) require appropriate corrective action to be taken |
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against a peace officer employed by the agency who, after an |
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investigation, is shown to have engaged in racial profiling in |
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violation of the agency's policy adopted under this article; |
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(6) require collection of information relating to |
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motor vehicle stops in which a citation is issued and to arrests |
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made as a result of those stops, including information relating to: |
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(A) the race or ethnicity of the individual |
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detained; |
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(B) whether a search was conducted and, if so, |
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whether: |
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(i) the individual detained consented to |
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the search; and |
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(ii) any contraband or other evidence was |
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discovered in the course of the search; and |
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(C) whether the peace officer knew the race or |
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ethnicity of the individual detained before detaining that |
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individual; and |
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(7) require the chief administrator of the agency, |
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regardless of whether the administrator is elected, employed, or |
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appointed, to submit an annual report of the information collected |
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under Subdivision (6) to: |
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(A) the Texas Commission on Law Enforcement; and |
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(B) the governing body of each county or |
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municipality served by the agency, if the agency is an agency of a |
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county, municipality, or other political subdivision of the state. |
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SECTION 1.02. Effective January 1, 2018, Article 2.134(c), |
|
Code of Criminal Procedure, is amended to read as follows: |
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(c) A report required under Subsection (b) must be submitted |
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by the chief administrator of the law enforcement agency, |
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regardless of whether the administrator is elected, employed, or |
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appointed, and must include: |
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(1) a comparative analysis of the information compiled |
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under Article 2.133 to: |
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(A) evaluate and compare the number of motor |
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vehicle stops, within the applicable jurisdiction, of persons who |
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are recognized as racial or ethnic minorities and persons who are |
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not recognized as racial or ethnic minorities; and |
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(B) examine the disposition of motor vehicle |
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stops made by officers employed by the agency, categorized |
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according to the race or ethnicity of the affected persons, as |
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appropriate, including any searches resulting from stops within the |
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applicable jurisdiction and whether contraband or other evidence |
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was discovered in the course of those searches; and |
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(2) information relating to each complaint filed with |
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the agency alleging that a peace officer employed by the agency has |
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engaged in racial profiling. |
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SECTION 1.03. Article 2.137, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The |
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Department of Public Safety shall adopt rules for providing funds |
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or video and audio equipment to law enforcement agencies for the |
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purpose of installing video and audio equipment as described by |
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Subsection (a-1) [Article 2.135(a)(1)(A)], including specifying |
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criteria to prioritize funding or equipment provided to law |
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enforcement agencies. The criteria may include consideration of |
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tax effort, financial hardship, available revenue, and budget |
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surpluses. The criteria must give priority to: |
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(1) law enforcement agencies that employ peace |
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officers whose primary duty is traffic enforcement; |
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(2) smaller jurisdictions; and |
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(3) municipal and county law enforcement agencies. |
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(a-1) Funds or video and audio equipment provided to a law |
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enforcement agency under this section may only be used to install: |
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(1) video camera and transmitter-activated equipment |
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in law enforcement motor vehicles regularly used by an officer |
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employed by the agency to make motor vehicle stops; and |
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(2) transmitter-activated equipment in law |
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enforcement motorcycles regularly used by an officer employed by |
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the agency to make motor vehicle stops. |
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(a-2) In this article, "motor vehicle stop" has the meaning |
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assigned by Article 2.132(a). |
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(b) The Department of Public Safety shall collaborate with |
|
an institution of higher education to identify law enforcement |
|
agencies that need funds or video and audio equipment for the |
|
purpose of installing video and audio equipment as described by |
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Subsection (a-1) [Article 2.135(a)(1)(A)]. The collaboration may |
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include the use of a survey to assist in developing criteria to |
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prioritize funding or equipment provided to law enforcement |
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agencies. |
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(c) To receive funds or video and audio equipment from the |
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state for the purpose of installing video and audio equipment as |
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described by Subsection (a-1) [Article 2.135(a)(1)(A)], the |
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governing body of a county or municipality, in conjunction with the |
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law enforcement agency serving the county or municipality, shall |
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certify to the Department of Public Safety that the law enforcement |
|
agency needs funds or video and audio equipment for that purpose. |
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(d) On receipt of funds or video and audio equipment from |
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the state for the purpose of installing video and audio equipment as |
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described by Subsection (a-1) [Article 2.135(a)(1)(A)], the |
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governing body of a county or municipality, in conjunction with the |
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law enforcement agency serving the county or municipality, shall |
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certify to the Department of Public Safety that the law enforcement |
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agency: |
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(1) has installed video and audio equipment as |
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described by Subsection (a-1); [Article 2.135(a)(1)(A)] and |
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(2) is using the equipment to record by video and audio |
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equipment or audio equipment, as appropriate, each motor vehicle |
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stop made by an officer employed by the agency that is capable of |
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being recorded [as required by Article 2.135(a)(1)]. |
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SECTION 1.04. Sections 9.51(a), (b), (c), and (d), Penal |
|
Code, are amended to read as follows: |
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(a) A peace officer, or a person acting in a peace officer's |
|
presence and at the officer's [his] direction, is justified in |
|
using nonlethal force against another when and to the degree the |
|
actor reasonably believes the force is immediately necessary to |
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make or assist in making an arrest or search, or to prevent or |
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assist in preventing escape after arrest, if: |
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(1) the actor reasonably believes the arrest or search |
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is lawful or, if the arrest or search is made under a warrant, the |
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actor [he] reasonably believes the warrant is valid; and |
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(2) before using force, the actor manifests the |
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actor's [his] purpose to arrest or search and identifies the actor |
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[himself] as a peace officer or as a person [one] acting at a peace |
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officer's direction, unless the actor [he] reasonably believes the |
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actor's [his] purpose and identity are already known by or cannot |
|
reasonably be made known to the person for whom arrest is authorized |
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[to be arrested]. |
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(b) A person who is not [other than] a peace officer [(] or |
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[one] acting at a peace officer's [his] direction [)] is justified |
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in using nonlethal force against another when and to the degree the |
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actor reasonably believes the force is immediately necessary to |
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make or assist in making a lawful arrest, or to prevent or assist in |
|
preventing escape after lawful arrest if, before using force, the |
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actor manifests the actor's [his] purpose to and the reason for the |
|
arrest or reasonably believes the actor's [his] purpose and the |
|
reason are already known by or cannot reasonably be made known to |
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the person for whom arrest is authorized [to be arrested]. |
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(c) A peace officer is justified in using deadly force |
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against another when and to the degree the peace officer reasonably |
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believes the deadly force is immediately necessary to make an |
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arrest, or to prevent escape after arrest, if the use of force would |
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have been justified under Subsection (a) and the actor: |
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(1) [the actor reasonably believes the conduct for
|
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which arrest is authorized included the use or attempted use of
|
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deadly force; or
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[(2) the actor] reasonably believes [there is a
|
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substantial risk] that the person for whom arrest is authorized |
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poses an imminent threat of [to be arrested will cause] death or |
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serious bodily injury to the actor or another; and |
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(2) first attempts to use nonlethal force to make the |
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arrest or prevent the person's escape, unless the actor reasonably |
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believes that nonlethal force is insufficient to mitigate the |
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threat described by Subdivision (1) [if the arrest is delayed]. |
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(d) A person who is not [other than] a peace officer but is |
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acting in a peace officer's presence and at the officer's [his] |
|
direction is justified in using deadly force against another when |
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and to the degree the person reasonably believes the deadly force is |
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immediately necessary to make a lawful arrest, or to prevent escape |
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after a lawful arrest, if the use of force would have been justified |
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under Subsection (b) and the actor: |
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(1) [the actor reasonably believes the felony or
|
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offense against the public peace for which arrest is authorized
|
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included the use or attempted use of deadly force; or
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[(2) the actor] reasonably believes [there is a
|
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substantial risk] that the person for whom arrest is authorized |
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poses an imminent threat of [to be arrested will cause] death or |
|
serious bodily injury to the actor or another; and |
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(2) first attempts to use nonlethal force to make or |
|
assist in making the arrest or to prevent or assist in preventing |
|
the person's escape, unless the actor reasonably believes that |
|
nonlethal force is insufficient to mitigate the threat described by |
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Subdivision (1) [if the arrest is delayed]. |
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SECTION 1.05. Effective January 1, 2018, Article 2.135, |
|
Code of Criminal Procedure, is repealed. |
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SECTION 1.06. The requirements of Articles 2.132 and 2.134, |
|
Code of Criminal Procedure, as amended by this article, relating to |
|
the compilation, analysis, and submission of incident-based data |
|
apply only to information based on a motor vehicle stop occurring on |
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or after January 1, 2018. |
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SECTION 1.07. The change in law made by this article to |
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Section 9.51, Penal Code, applies only to an offense committed on or |
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after September 1, 2017. An offense committed before September 1, |
|
2017, is governed by the law in effect on the date the offense was |
|
committed, and the former law is continued in effect for that |
|
purpose. For purposes of this section, an offense was committed |
|
before September 1, 2017, if any element of the offense occurred |
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before that date. |
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ARTICLE 2. DISCIPLINARY PROCEDURES |
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SECTION 2.01. Section 142.067, Local Government Code, is |
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amended to read as follows: |
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Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. |
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(a) Except as provided by Subsection (b), a [A] written meet and |
|
confer agreement ratified under this subchapter preempts, during |
|
the term of the agreement and to the extent of any conflict, all |
|
contrary state statutes, local ordinances, executive orders, civil |
|
service provisions, or rules adopted by the head of the law |
|
enforcement agency or municipality or by a division or agent of the |
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municipality, such as a personnel board or a civil service |
|
commission. |
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(b) An agreement under this subchapter may not conflict with |
|
and does not supersede a statute, ordinance, order, civil service |
|
provision, or rule concerning the disciplinary actions that may be |
|
imposed on a police officer. The agreement must implement a |
|
progressive disciplinary matrix as described by Section 143.0511. |
|
SECTION 2.02. Section 143.003, Local Government Code, is |
|
amended by adding Subdivision (6) to read as follows: |
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(6) "Progressive disciplinary matrix" means a formal |
|
schedule for disciplinary actions established under Section |
|
143.0511. |
|
SECTION 2.03. Section 143.008, Local Government Code, is |
|
amended by amending Subsection (c) and adding Subsection (c-1) to |
|
read as follows: |
|
(c) The commission shall adopt rules that prescribe cause |
|
for removal or suspension of a fire fighter [or police officer]. The |
|
rules must comply with the grounds for removal prescribed by |
|
Section 143.051. |
|
(c-1) The commission shall adopt rules that prescribe the |
|
disciplinary actions that may be taken against a police officer |
|
under a progressive disciplinary matrix. |
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SECTION 2.04. Section 143.010, Local Government Code, is |
|
amended by amending Subsections (b), (e), and (g) and adding |
|
Subsection (c-1) to read as follows: |
|
(b) The appeal must include the basis for the appeal and a |
|
request for a commission hearing. The appeal must also contain a |
|
statement denying the truth of the charge as made, a statement |
|
taking exception to the legal sufficiency of the charge, a |
|
statement alleging that the recommended action does not fit the |
|
offense or alleged offense, or a combination of these statements. |
|
An appeal by a police officer for a charge for an incident that |
|
involves an individual who is a member of the public must also |
|
include the name and address of the individual. |
|
(c-1) Not later than the 30th day before the date of a |
|
commission hearing, the commission shall notify the individual |
|
listed in an appeal by a police officer of the date and time of the |
|
hearing, the individual's right to attend, and instructions for |
|
exercising the individual's rights relating to the hearing. Not |
|
later than the third day before the date of the hearing, a member of |
|
the public, whether listed in the appeal or not, may provide |
|
evidence to the commission, including documentation in support of |
|
an allegation against an officer that is the basis of a disciplinary |
|
action. |
|
(e) The affected fire fighter or police officer or an |
|
individual named by the police officer as directly involved in the |
|
incident that is the basis of the disciplinary action may request |
|
the commission to subpoena any books, records, documents, papers, |
|
accounts, or witnesses that the fire fighter, [or] police officer, |
|
or individual considers pertinent to the case. The fire fighter, |
|
[or] police officer, or individual must make the request before the |
|
10th day before the date the commission hearing will be held. If |
|
the commission does not subpoena the material, the commission |
|
shall, before the third day before the date the hearing will be |
|
held, make a written report to the fire fighter, [or] police |
|
officer, or individual stating the reason it will not subpoena the |
|
requested material. This report shall be read into the public |
|
record of the commission hearing. |
|
(g) The commission shall conduct the hearing fairly and |
|
impartially as prescribed by this chapter and shall render a just |
|
and fair decision. The commission may consider only the evidence |
|
submitted at the hearing and, if applicable, any evidence submitted |
|
by a member of the public under Subsection (c-1). |
|
SECTION 2.05. Section 143.031, Local Government Code, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) Notwithstanding any other provision of this section, |
|
the commission may not open a promotional examination to a police |
|
officer who has a sustained complaint of the police officer using |
|
excessive force within: |
|
(1) the police officer's period of service, if the |
|
police officer has less than six years of service before the date |
|
the examination is held; or |
|
(2) the six-year period immediately before the date |
|
the examination is held, if the police officer has six years or more |
|
of service before that date. |
|
SECTION 2.06. Section 143.033, Local Government Code, is |
|
amended by adding Subsection (b-1) to read as follows: |
|
(b-1) In accordance with the progressive disciplinary |
|
matrix, points shall be deducted from the promotional examination |
|
grade of a police officer who was the subject of a disciplinary |
|
action within the six years immediately before the examination |
|
date. |
|
SECTION 2.07. Section 143.035(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) On the recommendation of the head of the police |
|
department and a majority vote of the sworn police officers in the |
|
department, the commission may adopt an alternate promotional |
|
system to select persons to occupy nonentry level positions other |
|
than positions that are filled by appointment by the department |
|
head. The promotional system must comply with the requirements |
|
prescribed by this section. In accordance with the progressive |
|
disciplinary matrix, points shall be deducted from the promotional |
|
examination grade of a police officer who was the subject of a |
|
disciplinary action within the six years immediately before the |
|
examination date. |
|
SECTION 2.08. Section 143.051, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 143.051. CAUSE FOR DISCIPLINARY ACTION [REMOVAL OR
|
|
SUSPENSION]. (a) A commission rule prescribing cause for removal or |
|
suspension of a fire fighter [or police officer] is not valid unless |
|
it involves one or more of the following grounds: |
|
(1) conviction of a felony or other crime involving |
|
moral turpitude; |
|
(2) violations of a municipal charter provision; |
|
(3) acts of incompetency; |
|
(4) neglect of duty; |
|
(5) discourtesy to the public or to a fellow employee |
|
while the fire fighter [or police officer] is in the line of duty; |
|
(6) acts showing lack of good moral character; |
|
(7) drinking intoxicants while on duty or intoxication |
|
while off duty; |
|
(8) conduct prejudicial to good order; |
|
(9) refusal or neglect to pay just debts; |
|
(10) absence without leave; |
|
(11) shirking duty or cowardice at fires[, if
|
|
applicable]; or |
|
(12) violation of an applicable fire [or police] |
|
department rule or special order. |
|
(b) A commission rule prescribing cause for taking |
|
disciplinary action against a police officer under a progressive |
|
disciplinary matrix is not valid unless the rule involves one or |
|
more of the following grounds: |
|
(1) conviction of a felony or other crime involving |
|
moral turpitude; |
|
(2) violations of a municipal charter provision; |
|
(3) acts of incompetency; |
|
(4) neglect of duty; |
|
(5) discourtesy to the public or to a fellow employee |
|
while the police officer is in the line of duty; |
|
(6) acts showing lack of good moral character; |
|
(7) drinking intoxicants while on duty or intoxication |
|
while off duty; |
|
(8) conduct prejudicial to good order, including use |
|
of excessive force against a member of the public; |
|
(9) failure to appropriately de-escalate in an |
|
encounter with a member of the public in accordance with police |
|
training; |
|
(10) refusal or neglect to pay just debts; |
|
(11) absence without leave; |
|
(12) shirking duty; or |
|
(13) violation of an applicable police department rule |
|
or special order. |
|
SECTION 2.09. Subchapter D, Chapter 143, Local Government |
|
Code, is amended by adding Section 143.0511 to read as follows: |
|
Sec. 143.0511. PROGRESSIVE DISCIPLINARY MATRIX. (a) The |
|
commission shall establish a progressive disciplinary matrix for |
|
infractions committed by police officers that consists of a range |
|
of progressive disciplinary actions applied in a standardized way |
|
based on the nature of the infraction, including removal, |
|
suspension, change of duty or assignment, demotion, deduction of |
|
points from a promotional examination grade, retraining, a written |
|
warning, or a written reprimand. |
|
(b) The matrix must include: |
|
(1) standards for disciplinary actions relating to the |
|
use of force against another person; |
|
(2) standards for evaluating the level of discipline |
|
appropriate for uncommon infractions; and |
|
(3) presumptive actions to be taken for each type of |
|
infraction and any adjustment to be made based on a police officer's |
|
previous disciplinary record. |
|
SECTION 2.10. Section 143.052, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 143.052. DISCIPLINARY SUSPENSIONS OF FIRE FIGHTERS IN |
|
CERTAIN MUNICIPALITIES. (a) This section does not apply to a |
|
municipality with a population of 1.5 million or more. |
|
(b) The head of the fire [or police] department may suspend |
|
a fire fighter [or police officer] under the department head's |
|
supervision or jurisdiction for the violation of a civil service |
|
rule. The suspension may be for a reasonable period not to exceed |
|
15 calendar days or for an indefinite period. An indefinite |
|
suspension is equivalent to dismissal from the department. |
|
(c) If the department head suspends a fire fighter [or
|
|
police officer], the department head shall, within 120 hours after |
|
the hour of suspension, file a written statement with the |
|
commission giving the reasons for the suspension. The department |
|
head shall immediately deliver a copy of the statement in person to |
|
the suspended fire fighter [or police officer]. |
|
(d) The copy of the written statement must inform the |
|
suspended fire fighter [or police officer] that [if the person
|
|
wants] to make an appeal to the commission, the fire fighter |
|
[person] must file a written appeal with the commission within 10 |
|
days after the date the fire fighter [person] receives the copy of |
|
the statement. |
|
(e) The written statement filed by the department head with |
|
the commission must point out each civil service rule alleged to |
|
have been violated by the suspended fire fighter [or police
|
|
officer] and must describe the alleged acts of the fire fighter |
|
[person] that the department head contends are in violation of the |
|
civil service rules. It is not sufficient for the department head |
|
merely to refer to the provisions of the rules alleged to have been |
|
violated. |
|
(f) If the department head does not specifically point out |
|
in the written statement the act or acts of the fire fighter [or
|
|
police officer] that allegedly violated the civil service rules, |
|
the commission shall promptly reinstate the fire fighter [person]. |
|
(g) If offered by the department head, the fire fighter [or
|
|
police officer] may agree in writing to voluntarily accept, with no |
|
right of appeal, a suspension of 16 to 90 calendar days for the |
|
violation of a civil service rule. The fire fighter [or police
|
|
officer] must accept the offer within five working days after the |
|
date the offer is made. If the fire fighter [person] refuses the |
|
offer and wants to appeal to the commission, the fire fighter |
|
[person] must file a written appeal with the commission within 15 |
|
days after the date the fire fighter [person] receives the copy of |
|
the written statement of suspension. |
|
(h) In the original written statement and charges and in any |
|
hearing conducted under this chapter, the department head may not |
|
complain of an act that occurred earlier than the 180th day |
|
preceding the date the department head suspends the fire fighter |
|
[or police officer]. If the act is allegedly related to criminal |
|
activity including the violation of a federal, state, or local law |
|
for which the fire fighter [or police officer] is subject to a |
|
criminal penalty, the department head may not complain of an act |
|
that is discovered earlier than the 180th day preceding the date the |
|
department head suspends the fire fighter [or police officer]. The |
|
department head must allege that the act complained of is related to |
|
criminal activity. |
|
SECTION 2.11. Subchapter D, Chapter 143, Local Government |
|
Code, is amended by adding Section 143.0521 to read as follows: |
|
Sec. 143.0521. DISCIPLINARY SUSPENSIONS OF POLICE |
|
OFFICERS. (a) The head of the police department may suspend a |
|
police officer under the department head's supervision or |
|
jurisdiction for the violation of a civil service rule. The |
|
suspension may be for a reasonable period not to exceed 30 calendar |
|
days or for an indefinite period. An indefinite suspension is |
|
equivalent to dismissal from the department. |
|
(b) If the department head suspends a police officer, the |
|
department head shall, within 240 hours after the hour of |
|
suspension, file a written statement with the commission giving the |
|
reasons for the suspension. The department head shall immediately |
|
deliver a copy of the statement in person to the suspended police |
|
officer. |
|
(c) The copy of the written statement must inform the |
|
suspended police officer that to make an appeal to the commission, |
|
the police officer must file a written appeal with the commission |
|
within 10 days after the date the police officer receives the copy |
|
of the initial statement. |
|
(d) The initial written statement filed by the department |
|
head with the commission must point out each civil service rule |
|
alleged to have been violated by the suspended police officer and |
|
must describe the alleged acts of the police officer that the |
|
department head contends are in violation of the civil service |
|
rules. It is not sufficient for the department head merely to refer |
|
to the provisions of the rules alleged to have been violated. |
|
(e) If the incident that is the basis of the suspension is |
|
under investigation on the date the initial written statement must |
|
be filed, the department head shall provide the commission an |
|
estimated time needed to complete the investigation and provide the |
|
commission an updated, final statement after the investigation is |
|
completed. The commission may not conduct an appeal hearing before |
|
the department head has completed the investigation and provided |
|
the final written statement to the commission. The department head |
|
shall complete the investigation not later than the 180th day after |
|
the date the initial written statement was filed with the |
|
commission. If the investigation is transferred to a civilian |
|
review board, the civilian review board shall complete the |
|
investigation not later that the 270th day after the date the |
|
initial written statement was filed. |
|
(f) If the investigation is complete and the department head |
|
does not specify in the final written statement the act or acts of |
|
the police officer that allegedly violated the civil service rules, |
|
the commission shall promptly reinstate the police officer. |
|
(g) If offered by the department head, the police officer |
|
may agree in writing to voluntarily accept, with no right of appeal, |
|
a suspension of 16 to 90 calendar days for the violation of a civil |
|
service rule. The police officer must accept the offer within five |
|
working days after the date the offer is made. If the police |
|
officer refuses the offer and wants to appeal to the commission, the |
|
police officer must file a written appeal with the commission not |
|
later than the 15th day after the date the police officer receives |
|
the copy of the initial written statement of suspension. |
|
(h) In the written statement and charges and in any hearing |
|
conducted under this chapter, the department head may not complain |
|
of an act that occurred earlier than the 180th day preceding the |
|
date the department head suspends the police officer unless: |
|
(1) the act is related to an incident reported under |
|
Article 2.139, Code of Criminal Procedure, as added by Section 1, |
|
Chapter 516 (H.B. 1036), Acts of the 84th Legislature, Regular |
|
Session, 2015; |
|
(2) the investigation results in criminal charges |
|
within the standard statute of limitations for those charges; or |
|
(3) the investigation results in further review by a |
|
civilian oversight system. |
|
(i) If the act is allegedly related to criminal activity, |
|
including the violation of a federal, state, or local law for which |
|
the police officer is subject to a criminal penalty, the department |
|
head may not complain of an act that may not be prosecuted because |
|
the statute of limitations has expired. The department head must |
|
allege that the act complained of is related to criminal activity. |
|
SECTION 2.12. The heading to Section 143.053, Local |
|
Government Code, is amended to read as follows: |
|
Sec. 143.053. APPEAL OF DISCIPLINARY SUSPENSION OF FIRE |
|
FIGHTER IN CERTAIN MUNICIPALITIES. |
|
SECTION 2.13. Sections 143.053(b), (e), (f), and (g), Local |
|
Government Code, are amended to read as follows: |
|
(b) If a suspended fire fighter [or police officer] appeals |
|
the suspension to the commission, the commission shall hold a |
|
hearing and render a decision in writing within 30 days after the |
|
date it receives notice of appeal. The suspended fire fighter |
|
[person] and the commission may agree to postpone the hearing for a |
|
definite period. |
|
(e) In its decision, the commission shall state whether the |
|
suspended fire fighter [or police officer] is: |
|
(1) permanently dismissed from the fire [or police] |
|
department; |
|
(2) temporarily suspended from the department; or |
|
(3) restored to the fire fighter's [person's] former |
|
position or status in the department's classified service. |
|
(f) If the commission finds that the period of disciplinary |
|
suspension should be reduced, the commission may order a reduction |
|
in the period of suspension. If the suspended fire fighter [or
|
|
police officer] is restored to the position or class of service from |
|
which the fire fighter [person] was suspended, the fire fighter [or
|
|
police officer] is entitled to: |
|
(1) full compensation for the actual time lost as a |
|
result of the suspension at the rate of pay provided for the |
|
position or class of service from which the fire fighter [person] |
|
was suspended; and |
|
(2) restoration of or credit for any other benefits |
|
lost as a result of the suspension, including sick leave, vacation |
|
leave, and service credit in a retirement system. Standard payroll |
|
deductions, if any, for retirement and other benefits restored |
|
shall be made from the compensation paid, and the municipality |
|
shall make its standard corresponding contributions, if any, to the |
|
retirement system or other applicable benefit systems. |
|
(g) The commission may suspend or dismiss a fire fighter [or
|
|
police officer] only for violation of civil service rules and only |
|
after a finding by the commission of the truth of specific charges |
|
against the fire fighter [or police officer]. |
|
SECTION 2.14. Subchapter D, Chapter 143, Local Government |
|
Code, is amended by adding Section 143.0531 to read as follows: |
|
Sec. 143.0531. APPEAL OF DISCIPLINARY SUSPENSION OF POLICE |
|
OFFICER. (a) If a suspended police officer appeals the suspension |
|
to the commission, the commission shall hold a hearing and render a |
|
decision in writing within 30 days after the date it receives notice |
|
of appeal and a final notice of charges representing the conclusion |
|
of the department's investigation. The suspended police officer |
|
and the commission may agree to postpone the hearing for a definite |
|
period. |
|
(b) In a hearing conducted under this section, the |
|
department head is restricted to the department head's final |
|
written statement and charges, which may not be amended. |
|
(c) The commission may deliberate the decision in closed |
|
session but may not consider evidence that was not presented at the |
|
hearing. The commission shall vote in open session. |
|
(d) In the decision, the commission shall state whether the |
|
suspended police officer is: |
|
(1) permanently dismissed from the police department; |
|
(2) temporarily suspended from the department; |
|
(3) subject to an alternative form of disciplinary |
|
action under the progressive disciplinary matrix of the department; |
|
or |
|
(4) restored to the police officer's former position |
|
or status in the department's classified service. |
|
(e) If the commission finds that the period of disciplinary |
|
suspension should be reduced, the commission may order a reduction |
|
in the period of suspension. If the suspended police officer is |
|
restored to the position or class of service from which the police |
|
officer was suspended with no reduction in pay, the police officer |
|
is entitled to: |
|
(1) full compensation for the actual time lost as a |
|
result of the suspension at the rate of pay provided for the |
|
position or class of service from which the police officer was |
|
suspended; and |
|
(2) restoration of or credit for any other benefits |
|
lost as a result of the suspension, including sick leave, vacation |
|
leave, and service credit in a retirement system. Standard payroll |
|
deductions, if any, for retirement and other benefits restored |
|
shall be made from the compensation paid, and the municipality |
|
shall make its standard corresponding contributions, if any, to the |
|
retirement system or other applicable benefit systems. |
|
(f) The commission may suspend or dismiss a police officer |
|
only for violation of civil service rules and only after a finding |
|
by the commission of the truth of specific charges against the |
|
police officer. |
|
SECTION 2.15. Section 143.054, Local Government Code, is |
|
amended by amending Subsection (c) and adding Subsections (c-1), |
|
(c-2), and (d-1) to read as follows: |
|
(c) The commission may refuse to grant the request for |
|
demotion of a fire fighter. |
|
(c-1) Before the commission may refuse to grant a request |
|
for demotion of a police officer, the commission shall request from |
|
the department the contact information for any person involved in |
|
any incident leading the department to recommend demotion, |
|
including a member of the public or another police officer. The |
|
commission shall notify an involved person that the person may |
|
request a public hearing and present reasons why the commission |
|
should grant the department's request for demotion of the police |
|
officer. If there are no involved persons or the commission does |
|
not receive a request for a public hearing from an involved person |
|
before the 10th day after the date notice was given to the person, |
|
the commission may refuse to grant the request for demotion. |
|
(c-2) If the commission believes that probable cause exists |
|
for ordering the demotion, the commission shall give the fire |
|
fighter or police officer written notice to appear before the |
|
commission for a public hearing at a time and place specified in the |
|
notice. The commission shall give the notice before the 10th day |
|
before the date the hearing will be held. |
|
(d-1) Before the 10th day before the date the hearing is |
|
held, the commission shall give an individual who is a member of the |
|
public with knowledge of a specific incident that is the basis of |
|
the recommendation of demotion of a police officer notice of the |
|
time and place of the hearing and of the individual's right to |
|
testify. |
|
SECTION 2.16. Section 143.055(c), Local Government Code, is |
|
amended to read as follows: |
|
(c) The head of the police department may assign a police |
|
officer under the department head's [his] jurisdiction or |
|
supervision to uncompensated duty. The department head may not |
|
impose uncompensated duty unless the police officer agrees to |
|
accept the duty or the uncompensated duty is applied in accordance |
|
with the department's progressive disciplinary matrix. If the |
|
police officer agrees to accept uncompensated duty, the department |
|
head shall give the police officer [person] a written statement |
|
that specifies the date or dates on which the police officer |
|
[person] will perform uncompensated duty. |
|
SECTION 2.17. Section 143.057, Local Government Code, is |
|
amended by amending Subsection (a) and adding Subsection (b-1) to |
|
read as follows: |
|
(a) In addition to the other notice requirements prescribed |
|
by this chapter, the written notice for a promotional bypass or the |
|
letter of disciplinary action, as applicable, issued to a fire |
|
fighter or police officer must state that in an appeal of an |
|
indefinite suspension, a suspension, a promotional bypass, [or] a |
|
recommended demotion, or, if issued to a police officer, any other |
|
disciplinary sanction, the appealing fire fighter or police officer |
|
may elect to appeal to an independent third party hearing examiner |
|
instead of to the commission. The letter must also state that if |
|
the fire fighter or police officer elects to appeal to a hearing |
|
examiner, the person waives all rights to appeal to a district court |
|
except as provided by Subsection (j). |
|
(b-1) A hearing examiner must presume a disciplinary action |
|
applied to a police officer under a progressive disciplinary matrix |
|
is reasonable unless the facts indicate that the department |
|
inappropriately applied a category of offense to the particular |
|
violation. |
|
SECTION 2.18. Section 143.089(g), Local Government Code, is |
|
amended to read as follows: |
|
(g) A fire [or police] department may maintain a personnel |
|
file on a fire fighter [or police officer] employed by the |
|
department for the department's use, but the department may not |
|
release any information contained in the department file to any |
|
agency or person requesting information relating to a fire fighter |
|
[or police officer]. The department shall refer to the director or |
|
the director's designee a person or agency that requests |
|
information that is maintained in the fire fighter's [or police
|
|
officer's] personnel file. |
|
SECTION 2.19. Section 143.1017, Local Government Code, is |
|
amended by amending Subsections (c) and (h) and adding Subsection |
|
(c-1) to read as follows: |
|
(c) If the action directly related to the felony indictment |
|
or misdemeanor complaint against a fire fighter occurred or was |
|
discovered on or after the 180th day before the date of the |
|
indictment or complaint, the department head may, within 60 days |
|
after the date of final disposition of the indictment or complaint, |
|
bring a charge against the fire fighter [or police officer] for a |
|
violation of civil service rules. |
|
(c-1) A police department head may, within 60 days after the |
|
date of final disposition of the indictment or complaint, bring a |
|
charge against the police officer for a violation of civil service |
|
rules. |
|
(h) The department head may order an indefinite suspension |
|
of a fire fighter based on an act classified as a felony or any other |
|
crime involving moral turpitude after the 180-day period following |
|
the date of the discovery of the act by the department if the |
|
department head considers delay to be necessary to protect a |
|
criminal investigation of the fire fighter's [person's] conduct. |
|
If the department head intends to order an indefinite suspension of |
|
a fire fighter after the 180-day period, the department head must |
|
file with the attorney general a statement describing the criminal |
|
investigation and its objectives within 180 days after the date the |
|
act complained of occurred. |
|
SECTION 2.20. Section 143.117, Local Government Code, is |
|
amended by amending Subsections (b) and (d) and adding Subsection |
|
(b-1) to read as follows: |
|
(b) The department head may suspend a fire fighter [or
|
|
police officer] under this section only if the fire fighter |
|
[person] violates a civil service rule. However, the department |
|
head may not suspend a fire fighter [or police officer] later than |
|
the 180th day after the date the department discovers or becomes |
|
aware of the civil service rule violation. If, during an |
|
investigation of an alleged civil service rule violation, it is |
|
alleged that the fire fighter [or police officer] under |
|
investigation committed another violation of a civil service rule |
|
connected with the first alleged violation, the 180-day period |
|
prescribed by this subsection does not begin again for purposes of a |
|
suspension of the fire fighter [or police officer] if the second |
|
violation in question does not involve untruthfulness or refusal to |
|
obey a valid order to make a statement, and therefore the department |
|
head may not suspend a fire fighter [or police officer] for the |
|
second violation later than the 180th day after the date the |
|
department discovers or becomes aware of the original violation. |
|
(b-1) The department head may suspend a police officer under |
|
this section only if the police officer violates a civil service |
|
rule, except the department head may not suspend a police officer |
|
later than the first anniversary of the date the department |
|
discovers or becomes aware of the civil service rule violation. |
|
(d) The suspension is void and the fire fighter or police |
|
officer is entitled to the person's full pay if: |
|
(1) the department head fails to file the statement |
|
during the required time; or |
|
(2) the suspension is imposed later than: |
|
(A) the 180th day after the date the department |
|
discovers or becomes aware of the violation that resulted in the |
|
suspension for a fire fighter; or |
|
(B) the first anniversary of the date the |
|
department discovered or became aware of the violation that |
|
resulted in the suspension for a police officer. |
|
SECTION 2.21. Section 143.119, Local Government Code, is |
|
amended by amending Subsection (g) and adding Subsection (h) to |
|
read as follows: |
|
(g) In the original written statement and charges and in any |
|
hearing conducted under this chapter involving a fire fighter, the |
|
department head may not complain of an act that did not occur within |
|
the six-month period preceding the date on which the department |
|
head suspends the fire fighter [or police officer]. |
|
(h) In the original written statement and charges and in any |
|
hearing conducted under this chapter involving a police officer, |
|
the department head may not complain of an act that did not occur |
|
within the one-year period preceding the date the department head |
|
suspends the police officer. |
|
SECTION 2.22. Section 143.1214, Local Government Code, is |
|
amended by amending Subsections (b), (c), and (e) and adding |
|
Subsection (c-1) to read as follows: |
|
(b) The department shall maintain an investigatory file |
|
that relates to a disciplinary action against a fire fighter or |
|
police officer that was overturned on appeal, or any document in the |
|
possession of the department that relates to a charge of misconduct |
|
against a fire fighter or police officer, regardless of whether the |
|
charge is sustained, only in a file created by the department for |
|
the department's use. The department may only release information |
|
in those investigatory files or documents relating to a charge of |
|
misconduct: |
|
(1) to another law enforcement agency or fire |
|
department; |
|
(2) to the office of a district or United States |
|
attorney; or |
|
(3) in accordance with Subsection (c) or (c-1). |
|
(c) The department head or the department head's designee |
|
may forward a document that relates to disciplinary action against |
|
a fire fighter [or police officer] to the director or the director's |
|
designee for inclusion in the fire fighter's [or police officer's] |
|
personnel file maintained under Sections 143.089(a)-(f) only if: |
|
(1) disciplinary action was actually taken against the |
|
fire fighter [or police officer]; |
|
(2) the document shows the disciplinary action taken; |
|
and |
|
(3) the document includes at least a brief summary of |
|
the facts on which the disciplinary action was based. |
|
(c-1) The department head or the department head's designee |
|
shall forward a document that relates to disciplinary action |
|
against a police officer to the director or the director's designee |
|
for inclusion in the police officer's personnel file maintained |
|
under Sections 143.089(a)-(f). |
|
(e) The requirements of this section are in addition to the |
|
requirements of Section 143.089. This section does not prevent a |
|
fire fighter [or police officer] from obtaining access to any |
|
personnel file maintained by the director or the department, other |
|
than a file maintained by an internal affairs division or other |
|
similar internal investigative division, on the fire fighter [or
|
|
police officer] under Section 143.089. This section does not |
|
prevent a police officer from obtaining access to any personnel |
|
file maintained by the director or the department. A police officer |
|
may obtain access to information that is subject to disclosure |
|
under Chapter 552, Government Code, contained in a file maintained |
|
by an internal affairs division or other similar internal |
|
investigative division under Section 143.089. |
|
SECTION 2.23. Section 143.1216(d), Local Government Code, |
|
is amended to read as follows: |
|
(d) The department shall [may not] include a record of a |
|
supervisory intervention procedure or a policy and procedure |
|
inquiry regarding a police officer in the police officer's |
|
personnel file maintained under Section 143.089 [or in the
|
|
department file maintained under Section 143.089(g)]. |
|
SECTION 2.24. Section 143.307, Local Government Code, is |
|
amended by amending Subsections (a) and (b) and adding Subsection |
|
(d) to read as follows: |
|
(a) Except as provided by Subsection (d), an [An] agreement |
|
under this subchapter supersedes a previous statute concerning |
|
wages, salaries, rates of pay, hours of work, or other terms and |
|
conditions of employment to the extent of any conflict with the |
|
statute. |
|
(b) Except as provided by Subsection (d), an [An] agreement |
|
under this subchapter preempts any contrary statute, executive |
|
order, local ordinance, or rule adopted by the state or a political |
|
subdivision or agent of the state, including a personnel board, a |
|
civil service commission, or a home-rule municipality. |
|
(d) An agreement under this subchapter affecting police |
|
officers may not conflict with and does not supersede a statute, |
|
order, ordinance, or rule concerning the disciplinary actions that |
|
may be imposed on a police officer. The agreement must implement a |
|
progressive disciplinary matrix. |
|
SECTION 2.25. Section 143.361, Local Government Code, is |
|
amended by amending Subsections (a) and (b) and adding Subsection |
|
(d) to read as follows: |
|
(a) Except as provided by Subsection (d), a [A] written |
|
agreement ratified under this subchapter between a public employer |
|
and the bargaining agent supersedes a previous statute concerning |
|
wages, salaries, rates of pay, hours of work, and other terms of |
|
employment other than pension benefits to the extent of any |
|
conflict with the previous statute. |
|
(b) Except as provided by Subsection (d), a [A] written |
|
agreement ratified under this subchapter preempts all contrary |
|
local ordinances, executive orders, legislation, or rules adopted |
|
by the state or a political subdivision or agent of the state, such |
|
as a personnel board, a civil service commission, or a home-rule |
|
municipality. |
|
(d) An agreement under this subchapter may not conflict with |
|
and does not supersede an ordinance, order, statute, or rule |
|
concerning the disciplinary actions that may be imposed on a police |
|
officer. The agreement must implement a progressive disciplinary |
|
matrix. |
|
SECTION 2.26. Section 174.005, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as |
|
provided by Subsection (b), this [This] chapter preempts all |
|
contrary local ordinances, executive orders, legislation, or rules |
|
adopted by the state or by a political subdivision or agent of the |
|
state, including a personnel board, civil service commission, or |
|
home-rule municipality. |
|
(b) This chapter does not authorize the adoption or |
|
implementation of an agreement that conflicts with an ordinance, |
|
order, statute, or rule concerning the disciplinary actions that |
|
may be imposed on a police officer. An agreement adopted under this |
|
chapter must implement a progressive disciplinary matrix, as |
|
described by Section 143.0511, for police officers. |
|
SECTION 2.27. The changes in law made by this article apply |
|
only to a disciplinary action for conduct that occurs on or after |
|
September 1, 2018. Conduct that occurs before that date is governed |
|
by the law in effect immediately before that date, and the former |
|
law is continued in effect for that purpose. |
|
SECTION 2.28. Sections 142.067(b), 143.307(d), 143.361(d), |
|
and 174.005(b), Local Government Code, as added by this article, |
|
apply only to an agreement entered into or renewed on or after |
|
September 1, 2018. An agreement entered into or renewed before |
|
September 1, 2018, is governed by the law in effect on the date the |
|
agreement was entered into or renewed, and the former law is |
|
continued in effect for that purpose. |
|
ARTICLE 3. MODEL PROGRESSIVE DISCIPLINARY MATRIX |
|
SECTION 3.01. (a) The Bill Blackwood Law Enforcement |
|
Management Institute of Texas shall consult with law enforcement |
|
agencies of all sizes, law enforcement associations, law |
|
enforcement training experts, and appropriate organizations |
|
engaged in the development of law enforcement policy to develop a |
|
model progressive disciplinary matrix, as defined by Section |
|
143.003(6), Local Government Code, as added by this Act, and |
|
associated training materials regarding the application of that |
|
matrix. The institute shall provide for a period of public comment |
|
before adopting the model progressive disciplinary matrix and |
|
training materials. |
|
(b) Not later than January 1, 2018, the institute shall |
|
adopt and disseminate the model progressive disciplinary matrix and |
|
training materials to all law enforcement agencies and civil |
|
service commissions in this state. |
|
SECTION 3.02. This article expires September 1, 2018. |
|
ARTICLE 4. EFFECTIVE DATES |
|
SECTION 4.01. (a) Except as otherwise provided by this Act, |
|
this Act takes effect September 1, 2017. |
|
(b) Article 2 of this Act takes effect September 1, 2018. |