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A BILL TO BE ENTITLED
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AN ACT
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relating to the disciplinary suspension of police officers in |
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certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 |
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confer agreement ratified under this subchapter preempts, during |
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the term of the agreement and to the extent of any conflict, all |
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contrary state statutes, local ordinances, executive orders, civil |
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service provisions, or rules adopted by the head of the law |
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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 |
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commission. |
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(b) A meet and confer agreement between a municipality or a |
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law enforcement agency of a municipality and a police officers |
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association under this subchapter may not conflict with and does |
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not supersede Section 143.052(b-1) or (i), 143.056(a-1), (c-1), or |
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(i), 143.1017(a-1), (c-1), or (i), 143.117(a-1), (b-1), or (d-1), |
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or 143.119(a-1) or (h) if the municipality has adopted Chapter 143. |
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SECTION 2. Section 143.052, Local Government Code, is |
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amended by adding Subsections (b-1) and (i) and amending Subsection |
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(h) to read as follows: |
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(b-1) The department head of a police department may not |
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suspend a police officer under this section for an act that occurred |
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earlier than the 730th day before the date the officer is suspended. |
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(h) In the original written statement and charges and in any |
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hearing conducted under this chapter involving a fire fighter, the |
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department head may not complain of an act that occurred earlier |
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than the 180th day preceding the date the department head suspends |
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the fire fighter [or police officer]. If the act is allegedly |
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related to criminal activity including the violation of a federal, |
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state, or local law for which the fire fighter [or police officer] |
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is subject to a criminal penalty, the department head may not |
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complain of an act that is discovered earlier than the 180th day |
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preceding the date the department head suspends the fire fighter |
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[or police officer]. The department head must allege that the act |
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complained of is related to criminal activity. |
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(i) Subject to Subsection (b-1), in the original written |
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statement and charges and in any hearing conducted under this |
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chapter involving a police officer, the department head may not |
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complain of an act that is discovered earlier than the 360th day |
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preceding the date the department head suspends the police officer. |
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The department head must allege that the act complained of is |
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related to criminal activity. The department head is not required |
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to prove that the police officer: |
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(1) had the culpable mental state for the alleged |
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criminal activity; or |
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(2) committed the alleged criminal activity beyond a |
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reasonable doubt. |
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SECTION 3. Section 143.056, Local Government Code, is |
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amended by adding Subsections (a-1), (c-1), and (i) and amending |
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Subsections (c) and (h) to read as follows: |
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(a-1) The department head of a police department may not |
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suspend a police officer under this section for an act directly |
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related to a felony indictment or misdemeanor complaint that |
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occurred earlier than the 730th day before the date the officer is |
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suspended. |
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(c) If the action directly related to the felony indictment |
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or misdemeanor complaint against a fire fighter occurred or was |
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discovered on or after the 180th day before the date of the |
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indictment or complaint, the department head may, within 30 days |
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after the date of final disposition of the indictment or complaint, |
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bring a charge against the fire fighter [or police officer] for a |
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violation of civil service rules. |
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(c-1) Subject to Subsection (a-1), if the action directly |
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related to the felony indictment or misdemeanor complaint against a |
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police officer was discovered on or after the 360th day before the |
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date of the indictment or complaint, the department head may, |
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within 30 days after the date of final disposition of the indictment |
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or complaint, bring a charge against the police officer for a |
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violation of civil service rules. |
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(h) The department head may order an indefinite suspension |
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of a fire fighter based on an act classified as a felony or a Class A |
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or B misdemeanor after the 180-day period following the date of the |
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discovery of the act by the department if the department head |
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considers delay to be necessary to protect a criminal investigation |
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of the fire fighter's [person's] conduct. If the department head |
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intends to order an indefinite suspension of the fire fighter after |
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the 180-day period, the department head must file with the attorney |
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general a statement describing the criminal investigation and its |
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objectives within 180 days after the date the act complained of |
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occurred. |
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(i) Subject to Subsection (a-1), the department head may |
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order an indefinite suspension of a police officer based on an act |
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classified as a felony or a Class A or B misdemeanor after the |
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360-day period following the date of the discovery of the act by the |
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department if the department head considers delay to be necessary |
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to protect a criminal investigation of the police officer's |
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conduct. If the department head intends to order an indefinite |
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suspension of the police officer after the 360-day period, the |
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department head must file with the attorney general a statement |
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describing the criminal investigation and its objectives within 360 |
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days after the date of the discovery of the act by the department. |
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SECTION 4. Section 143.1017, Local Government Code, is |
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amended by adding Subsections (a-1), (c-1), and (i) and amending |
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Subsections (c) and (h) to read as follows: |
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(a-1) The department head of a police department may not |
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suspend a police officer under this section for an act directly |
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related to a felony indictment or misdemeanor complaint that |
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occurred earlier than the 730th day before the date the officer is |
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suspended. |
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(c) If the action directly related to the felony indictment |
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or misdemeanor complaint against a fire fighter occurred or was |
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discovered on or after the 180th day before the date of the |
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indictment or complaint, the department head may, within 60 days |
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after the date of final disposition of the indictment or complaint, |
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bring a charge against the fire fighter [or police officer] for a |
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violation of civil service rules. |
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(c-1) Subject to Subsection (a-1), if the action directly |
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related to the felony indictment or misdemeanor complaint against a |
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police officer was discovered on or after the 360th day before the |
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date of the indictment or complaint, the department head may, |
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within 60 days after the date of final disposition of the indictment |
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or complaint, bring a charge against the police officer for a |
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violation of civil service rules. |
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(h) The department head may order an indefinite suspension |
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of a fire fighter based on an act classified as a felony or any other |
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crime involving moral turpitude after the 180-day period following |
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the date of the discovery of the act by the department if the |
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department head considers delay to be necessary to protect a |
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criminal investigation of the person's conduct. If the department |
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head intends to order an indefinite suspension of the fire fighter |
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after the 180-day period, the department head must file with the |
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attorney general a statement describing the criminal investigation |
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and its objectives within 180 days after the date the act complained |
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of occurred. |
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(i) Subject to Subsection (a-1), the department head may |
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order an indefinite suspension of a police officer based on an act |
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classified as a felony or any other crime involving moral turpitude |
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after the 360-day period following the date of the discovery of the |
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act by the department if the department head considers delay to be |
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necessary to protect a criminal investigation of the person's |
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conduct. If the department head intends to order an indefinite |
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suspension of the police officer after the 360-day period, the |
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department head must file with the attorney general a statement |
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describing the criminal investigation and its objectives within 360 |
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days after the date of the discovery of the act by the department. |
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SECTION 5. Section 143.117, Local Government Code, is |
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amended by adding Subsections (a-1), (b-1), and (d-1) and amending |
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Subsections (b) and (d) to read as follows: |
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(a-1) The department head of a police department may not |
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suspend a police officer under this section for an act that occurred |
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earlier than the 730th day before the date the officer is suspended. |
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(b) The department head may suspend a fire fighter [or |
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police officer] under this section only if the fire fighter |
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[person] violates a civil service rule. However, the department |
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head may not suspend a fire fighter [or police officer] later than |
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the 180th day after the date the department discovers or becomes |
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aware of the civil service rule violation. If, during an |
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investigation of an alleged civil service rule violation, it is |
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alleged that the fire fighter [or police officer] under |
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investigation committed another violation of a civil service rule |
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connected with the first alleged violation, the 180-day period |
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prescribed by this subsection does not begin again for purposes of a |
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suspension of the fire fighter [or police officer] if the second |
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violation in question does not involve untruthfulness or refusal to |
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obey a valid order to make a statement, and therefore the department |
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head may not suspend a fire fighter [or police officer] for the |
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second violation later than the 180th day after the date the |
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department discovers or becomes aware of the original violation. |
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(b-1) The department head may suspend a police officer under |
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this section only if the police officer violates a civil service |
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rule. Subject to Subsection (a-1), the department head may not |
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suspend a police officer later than the 360th day after the date the |
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department discovers or becomes aware of the civil service rule |
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violation. |
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(d) The suspension of a fire fighter is void and the fire |
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fighter [or police officer] is entitled to the fire fighter's |
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[person's] full pay if: |
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(1) the department head fails to file the statement |
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during the required time; or |
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(2) the suspension is imposed later than the 180th day |
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after the date the department discovers or becomes aware of the |
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violation that resulted in the suspension. |
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(d-1) The suspension of a police officer is void and the |
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police officer is entitled to the police officer's full pay if: |
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(1) the department head fails to file the statement |
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during the required time; or |
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(2) the suspension is imposed later than: |
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(A) the 730th day after the date the act for which |
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the officer was suspended occurred; or |
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(B) the 360th day after the date the department |
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discovers or becomes aware of the violation that resulted in the |
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suspension. |
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SECTION 6. Section 143.119, Local Government Code, is |
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amended by adding Subsections (a-1) and (h) and amending Subsection |
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(g) to read as follows: |
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(a-1) The department head of a police department may not |
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suspend a police officer under this section for an act that occurred |
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earlier than the 730th day before the date the officer is suspended. |
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(g) In the original written statement and charges and in any |
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hearing conducted under this chapter involving a fire fighter, the |
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department head may not complain of an act that did not occur within |
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the six-month period preceding the date on which the department |
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head suspends the fire fighter [or police officer]. |
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(h) Subject to Subsection (a-1), in the original written |
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statement and charges and in any hearing conducted under this |
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chapter involving a police officer, the department head may not |
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complain of an act that was not discovered within the 360-day period |
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preceding the date on which the department head suspends the police |
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officer. |
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SECTION 7. Section 143.307, Local Government Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(d) to read as follows: |
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(a) Except as provided by Subsection (d), an [An] agreement |
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under this subchapter supersedes a previous statute concerning |
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wages, salaries, rates of pay, hours of work, or other terms and |
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conditions of employment to the extent of any conflict with the |
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statute. |
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(b) Except as provided by Subsection (d), an [An] agreement |
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under this subchapter preempts any contrary statute, executive |
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order, local ordinance, or rule adopted by the state or a political |
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subdivision or agent of the state, including a personnel board, a |
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civil service commission, or a home-rule municipality. |
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(d) An agreement under this subchapter affecting police |
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officers may not conflict with and does not supersede Section |
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143.052(b-1) or (i), 143.056(a-1), (c-1), or (i), 143.1017(a-1), |
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(c-1), or (i), 143.117(a-1), (b-1), or (d-1), or 143.119(a-1) or |
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(h). |
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SECTION 8. Section 143.361, Local Government Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(d) to read as follows: |
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(a) Except as provided by Subsection (d), a [A] written |
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agreement ratified under this subchapter between a public employer |
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and the bargaining agent supersedes a previous statute concerning |
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wages, salaries, rates of pay, hours of work, and other terms of |
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employment other than pension benefits to the extent of any |
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conflict with the previous statute. |
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(b) Except as provided by Subsection (d), a [A] written |
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agreement ratified under this subchapter preempts all contrary |
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local ordinances, executive orders, legislation, or rules adopted |
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by the state or a political subdivision or agent of the state, such |
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as a personnel board, a civil service commission, or a home-rule |
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municipality. |
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(d) An agreement under this subchapter may not conflict with |
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and does not supersede Section 143.052(b-1) or (i), 143.056(a-1), |
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(c-1), or (i), 143.1017(a-1), (c-1), or (i), 143.117(a-1), (b-1), |
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or (d-1), or 143.119(a-1) or (h). |
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SECTION 9. Section 174.005, Local Government Code, is |
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amended to read as follows: |
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Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as |
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provided by Subsection (b), this [This] chapter preempts all |
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contrary local ordinances, executive orders, legislation, or rules |
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adopted by the state or by a political subdivision or agent of the |
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state, including a personnel board, civil service commission, or |
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home-rule municipality. |
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(b) This chapter does not authorize the adoption or |
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implementation of an agreement affecting municipal police officers |
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that conflicts with Section 143.052(b-1) or (i), 143.056(a-1), |
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(c-1), or (i), 143.1017(a-1), (c-1), or (i), 143.117(a-1), (b-1), |
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or (d-1), or 143.119(a-1) or (h) if the municipality has adopted |
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Chapter 143. An agreement adopted under this chapter must |
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implement those sections in that municipality. |
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SECTION 10. The changes in law made by this Act apply only |
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to a disciplinary action for conduct that occurs on or after |
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September 1, 2021. Conduct that occurs before that date is governed |
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by the law in effect immediately before that date, and the former |
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law is continued in effect for that purpose. |
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SECTION 11. Sections 142.067(b), 143.307(d), 143.361(d), |
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and 174.005(b), Local Government Code, as added by this Act, apply |
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only to an agreement entered into or renewed on or after September |
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1, 2021. An agreement entered into or renewed before September 1, |
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2021, is governed by the law in effect on the date the agreement was |
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entered into or renewed, and the former law is continued in effect |
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for that purpose. |
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SECTION 12. This Act takes effect September 1, 2021. |