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A BILL TO BE ENTITLED
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AN ACT
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relating to the appeal to a hearing examiner of a promotional bypass |
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or disciplinary action taken against a police officer in certain |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 143.057, Local Government |
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Code, is amended to read as follows: |
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Sec. 143.057. HEARING EXAMINERS FOR FIRE FIGHTER APPEALS. |
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SECTION 2. Sections 143.057(a), (b), (c), (d), (e), (i), |
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and (j), Local Government Code, are amended to read as follows: |
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(a) In addition to the other notice requirements prescribed |
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by this chapter, the written notice for a promotional bypass or the |
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letter of disciplinary action, as applicable, issued to a fire |
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fighter [or police officer] must state that in an appeal of an |
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indefinite suspension, a suspension, a promotional bypass, or a |
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recommended demotion, the appealing fire fighter [or police |
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officer] may elect to appeal to an independent third party hearing |
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examiner instead of to the commission. The letter must also state |
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that if the fire fighter [or police officer] elects to appeal to a |
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hearing examiner, the person waives all rights to appeal to a |
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district court except as provided by Subsection (j). |
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(b) To exercise the choice of appealing to a hearing |
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examiner, the appealing fire fighter [or police officer] must |
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submit to the director a written request as part of the original |
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notice of appeal required under this chapter stating the person's |
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decision to appeal to an independent third party hearing examiner. |
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(c) The hearing examiner's decision is final and binding on |
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all parties. If the fire fighter [or police officer] decides to |
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appeal to an independent third party hearing examiner, the person |
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automatically waives all rights to appeal to a district court |
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except as provided by Subsection (j). |
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(d) If the appealing fire fighter [or police officer] |
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chooses to appeal to a hearing examiner, the fire fighter [or police |
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officer] and the department head, or their designees, shall first |
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attempt to agree on the selection of an impartial hearing examiner. |
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If the parties do not agree on the selection of a hearing examiner |
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on or within 10 days after the date the appeal is filed, the |
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director shall immediately request a list of seven qualified |
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neutral arbitrators from the American Arbitration Association or |
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the Federal Mediation and Conciliation Service, or their successors |
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in function. The fire fighter [or police officer] and the |
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department head, or their designees, may agree on one of the seven |
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neutral arbitrators on the list. If they do not agree within five |
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working days after the date they received the list, each party or |
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the party's designee shall alternate striking a name from the list |
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and the name remaining is the hearing examiner. The parties or their |
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designees shall agree on a date for the hearing. |
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(e) The appeal hearing shall begin as soon as the hearing |
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examiner can be scheduled. If the hearing examiner cannot begin the |
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hearing within 45 calendar days after the date of selection, the |
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fire fighter [or police officer] may, within two days after |
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learning of that fact, call for the selection of a new hearing |
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examiner using the procedure prescribed by Subsection (d). |
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(i) The hearing examiner's fees and expenses are shared |
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equally by the appealing fire fighter [or police officer] and by the |
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department. The costs of a witness are paid by the party who calls |
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the witness. |
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(j) A district court may hear an appeal of a hearing |
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examiner's award only on the grounds that the arbitration panel was |
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without jurisdiction or exceeded its jurisdiction or that the order |
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was procured by fraud, collusion, or other unlawful means. An |
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appeal must be brought in the district court having jurisdiction in |
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the municipality in which the fire [or police] department is |
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located. |
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SECTION 3. Section 143.036(f), Local Government Code, is |
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amended to read as follows: |
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(f) Unless the department head has a valid reason for not |
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appointing the person, the department head shall appoint the |
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eligible promotional candidate having the highest grade on the |
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eligibility list. If the department head has a valid reason for not |
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appointing the eligible promotional candidate having the highest |
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grade, the department head shall personally discuss the reason with |
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the person being bypassed before appointing another person. The |
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department head shall also file the reason in writing with the |
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commission and shall provide the person with a copy of the written |
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notice. On application of the bypassed eligible promotional |
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candidate, the reason the department head did not appoint that |
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person is subject to review by the commission or, if the person is a |
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fire fighter and on the written request of the fire fighter [person |
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being bypassed], by an independent third party hearing examiner |
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under Section 143.057. |
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SECTION 4. Section 143.056(e), Local Government Code, is |
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amended to read as follows: |
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(e) If the department head temporarily suspends a fire |
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fighter or police officer under this section and the fire fighter or |
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police officer is not found guilty of the indictment or complaint in |
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a court of competent jurisdiction, the fire fighter or police |
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officer may appeal to the commission for recovery of back pay, or, |
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if the person is a fire fighter, may appeal to a hearing examiner |
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for recovery of back pay. The commission or hearing examiner may |
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award all or part of the back pay or reject the appeal. |
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SECTION 5. Section 143.090, Local Government Code, is |
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amended to read as follows: |
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Sec. 143.090. RELEASE OF PHOTOGRAPHS OF POLICE OFFICERS. A |
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department, commission, or municipality may not release a |
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photograph that depicts a police officer unless: |
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(1) the officer has been charged with an offense by |
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indictment or by information; |
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(2) the officer is a party in a civil service hearing |
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[or a case before a hearing examiner or in arbitration]; |
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(3) the photograph is introduced as evidence in a |
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judicial proceeding; or |
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(4) the officer gives written consent to the release |
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of the photograph. |
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SECTION 6. The changes in law made by this Act apply only to |
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a promotional bypass or disciplinary action given on or after the |
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effective date of this Act. A promotional bypass or disciplinary |
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action given before the effective date of this Act is governed by |
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the law in effect immediately before the effective date of this Act, |
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and that law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |