87R11140 SCL-D
 
  By: Johnson S.B. No. 1805
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to municipal civil service for fire fighters and police
  officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 143.003, Local Government Code, is
  amended by amending Subdivision (1) and adding Subdivision (1-a) to
  read as follows:
               (1)  "Business day" means any day that is not a
  Saturday, Sunday, or national holiday described by Section 662.003,
  Government Code.
               (1-a)  "Commission" means the Fire Fighters' and Police
  Officers' Civil Service Commission.
         SECTION 2.  Sections 143.010(a) and (e), Local Government
  Code, are amended to read as follows:
         (a)  Except as otherwise provided by this chapter, if a fire
  fighter or police officer wants to appeal to the commission from an
  action for which an appeal or review is provided by this chapter,
  the fire fighter or police officer need only file an appeal with the
  commission within 10 business days after the date the action
  occurred.
         (e)  The affected fire fighter or police officer may request
  the commission to subpoena any books, records, documents, papers,
  accounts, or witnesses that the fire fighter or police officer
  considers pertinent to the case. The fire fighter or police officer
  must make the request before the 10th calendar day before the date
  the commission hearing will be held. If the commission does not
  subpoena the material, the commission shall, before the third
  calendar day before the date the hearing will be held, make a
  written report to the fire fighter or police officer stating the
  reason it will not subpoena the requested material. This report
  shall be read into the public record of the commission hearing.
         SECTION 3.  Section 143.014, Local Government Code, is
  amended by amending Subsection (d) and adding Subsection (d-1) to
  read as follows:
         (d)  Except as provided by Subsection (d-1), a [A] person
  appointed to a position in the classification immediately below
  that of the head of the police department must:
               (1)  be employed by the municipality's police
  department as a sworn police officer;
               (2)  have at least two years' continuous service in that
  department as a sworn police officer; and
               (3)  meet the requirements for appointment as head of a
  police department prescribed by Section 143.013(b).
         (d-1)  The department head of a police department may appoint
  a person that does not meet the requirements described by
  Subsections (d)(1) and (2) to a position in the classification
  immediately below that of the head of the police department if:
               (1)  the department head requests and is granted
  approval for the appointment from the governing body of the
  municipality; and
               (2)  the department head provides a justification for
  hiring outside of the department to the commission and the
  commission determines that:
                     (A)  the justification is valid; and
                     (B)  the appointment will improve the
  department's operations.
         SECTION 4.  Section 143.015, Local Government Code, is
  amended by amending Subsections (a) and (b) and adding Subsections
  (a-1) and (b-1) to read as follows:
         (a)  A [If a] fire fighter or police officer may appeal [is
  dissatisfied with] any commission decision by filing [, the fire
  fighter or police officer may file] a petition in district court
  asking that the decision be set aside. The petition must:
               (1)  be filed within 10 business days after the date the
  fire fighter or police officer is notified of the final commission
  decision; and [:
               [(1)  is sent to the fire fighter or police officer by
  certified mail; or]
               (2)  if filed by a police officer, establish that the
  commission decision was arbitrary, unreasonable, not in accordance
  with commission rules, or not in accordance with applicable law [is
  personally received by the fire fighter or police officer or by that
  person's designee].
         (a-1)  For purposes of Subsection (a)(1), a fire fighter or
  police officer is considered notified on the date the final
  commission decision is:
               (1)  sent to the fire fighter or police officer by
  certified mail; or
               (2)  personally received by the fire fighter or police
  officer or by that person's designee.
         (b)  Except as provided by Subsection (b-1), an [An] appeal
  under this section is by trial de novo. The district court may
  grant the appropriate legal or equitable relief necessary to carry
  out the purposes of this chapter. The relief may include
  reinstatement or promotion with back pay if an order of suspension,
  dismissal, or demotion is set aside.
         (b-1)  If the district court determines a petition by a
  police officer does not fulfill the requirements of Subsection
  (a)(2), the district court shall review the commission decision for
  sufficiency of the evidence.
         SECTION 5.  Section 143.016, Local Government Code, is
  amended to read as follows:
         Sec. 143.016.  PENALTY FOR FAILURE TO COMPLY WITH SUBPOENA
  AND CERTAIN VIOLATIONS [VIOLATION] OF CHAPTER. (a) A fire fighter
  or police officer commits an offense if the person:
               (1)  fails to respond to a subpoena issued under
  Section 143.009; or
               (2)  violates Section 143.086 or 143.087 [this
  chapter].
         (b)  An offense under this section [or Section 143.009] is a
  Class C misdemeanor [punishable by a fine of not less than $10 or
  more than $100, confinement in the county jail for not more than 30
  days, or both fine and confinement].
         SECTION 6.  Section 143.024(a), Local Government Code, is
  amended to read as follows:
         (a)  Before the 10th day before the date an entrance
  examination is held, the commission shall cause a notice of the
  examination to be posted in plain view in a conspicuous location [on
  a bulletin board located] in the main lobby of the city hall and in
  the commission's office. The notice must show the position to be
  filled or for which the examination is to be held, and the date,
  time, and place of the examination.
         SECTION 7.  Sections 143.025(d) and (e), Local Government
  Code, are amended to read as follows:
         (d)  Examinations for beginning positions [in the fire
  department] may be held at different locations if each applicant
  takes the same examination and is examined in the presence of other
  applicants.
         (e)  This subsection applies only in a municipality to which
  Subchapter J does not apply. An examination for beginning
  positions in the police department must be held at one or more
  locations in the municipality in which the police department is
  located and may be held at additional locations outside the
  municipality. An examination held at multiple locations must be
  administered on the same day [and at the same time] at each location
  at which it is given. Only one eligibility list for a police
  department may be created from that examination, and only one
  eligibility list may be in effect at a given time. Each applicant
  who takes the examination for the eligibility list shall:
               (1)  take the same examination; and
               (2)  be examined in the presence of other applicants
  for that eligibility list.
         SECTION 8.  Section 143.029(b), Local Government Code, is
  amended to read as follows:
         (b)  Before the 30th day before the date a promotional
  examination is held, the commission shall post a notice of the
  examination in a conspicuous location [plain view on a bulletin
  board located] in the main lobby of the city hall and in the
  commission's office. The notice must show the position to be filled
  or for which the examination is to be held, and the date, time, and
  place of the examination. The commission shall also furnish
  sufficient copies of the notice for posting in the stations or
  subdepartments in which the position will be filled.
         SECTION 9.  The heading to Section 143.030, Local Government
  Code, is amended to read as follows:
         Sec. 143.030.  ELIGIBILITY FOR FIRE DEPARTMENT PROMOTION AND
  PROMOTIONAL EXAMINATION.
         SECTION 10.  Section 143.030, Local Government Code, is
  amended by amending Subsection (b) and adding Subsections (b-1),
  (g), and (h) to read as follows:
         (b)  Except as provided by this section, Section 143.013, and
  Section 143.102, a fire fighter is eligible for promotion if the
  fire fighter has continuously held a position in the classification
  that is immediately below, in salary, the classification for which
  the examination is to be held for at least two years before the
  examination date.
         (b-1)  Each promotional examination is open to each fire
  fighter who is eligible under Subsection (b) [at any time has
  continuously held for at least two years a position in the
  classification that is immediately below, in salary, the
  classification for which the examination is to be held].
         (g)  A fire fighter is not eligible for promotion to the rank
  of captain or its equivalent unless the fire fighter has at least
  four years of actual service in the fire department for which the
  fire fighter would serve as that rank.
         (h)  If a fire fighter is recalled on active military duty
  for not more than 60 months, the two-year service requirement under
  Subsection (b) does not apply and the fire fighter is entitled to
  have time spent on active military duty considered as duty in the
  fire department.
         SECTION 11.  The heading to Section 143.031, Local
  Government Code, is amended to read as follows:
         Sec. 143.031.  ELIGIBILITY FOR POLICE DEPARTMENT PROMOTION
  AND PROMOTIONAL EXAMINATION.
         SECTION 12.  Section 143.031, Local Government Code, is
  amended by amending Subsection (a) and adding Subsections (a-1),
  (d), (e), and (f) to read as follows:
         (a)  Except as provided by this section, Section 143.013, and
  Section 143.102, a police officer is eligible for promotion if the
  police officer has continuously held a position in the
  classification that is immediately below, in salary, the
  classification for which the examination is to be held for at least
  two years before the examination date.
         (a-1)  Each promotional examination is open to each police
  officer who is eligible under Subsection (a) [for at least two years
  immediately before the examination date has continuously held a
  position in the classification that is immediately below, in
  salary, the classification for which the examination is to be
  held].
         (d)  If a police officer is serving in a beginning position
  in a police department, the two-year service period described by
  Subsection (a) begins on completion of the police officer's
  probationary period.
         (e)  If a police officer is recalled on active military duty
  for not more than 60 months, the two-year service requirement under
  Subsection (a) does not apply and the police officer is entitled to
  have time spent on active military duty considered as duty in the
  police department.
         (f)  A demoted police officer is not eligible for promotion
  unless the police officer has served continuously in the next lower
  position for at least two years after the demotion.
         SECTION 13.  Section 143.035(g), Local Government Code, is
  amended to read as follows:
         (g)  The commission shall canvass the votes within 30 days
  after the date the election is held. An appeal alleging election
  irregularity must be filed with the commission within five business
  [working] days after the date the election closes. If approved by
  the sworn police officers, the promotional system amendment becomes
  effective after all election disputes have been ruled on and the
  election votes have been canvassed by the commission.
         SECTION 14.  Section 143.045(d), Local Government Code, is
  amended to read as follows:
         (d)  To facilitate the settlement of the accounts of deceased
  fire fighters and police officers, all unpaid compensation,
  including all accumulated sick leave, due at the time of death to an
  active fire fighter or police officer who dies as a result of a
  line-of-duty injury or illness, shall be paid to the legal
  beneficiary designated in writing by the fire fighter or police
  officer, or, if no legal beneficiary is designated, the person
  determined to be entitled to the payment under Title 2, Estates Code
  [persons in the first applicable category of the following
  prioritized list:
               [(1)  to the beneficiary or beneficiaries the fire
  fighter or police officer designated in writing to receive the
  compensation and filed with the commission before the person's
  death;
               [(2)  to the fire fighter's or police officer's widow or
  widower;
               [(3)   to the fire fighter's or police officer's child
  or children and to the descendants of a deceased child, by
  representation;
               [(4)  to the fire fighter's or police officer's parents
  or to their survivors; or
               [(5)  to the properly appointed legal representative of
  the fire fighter's or police officer's estate, or in the absence of
  a representative, to the person determined to be entitled to the
  payment under the state law of descent and distribution].
         SECTION 15.  Section 143.051, Local Government Code, is
  amended to read as follows:
         Sec. 143.051.  CAUSE FOR REMOVAL OR SUSPENSION OF FIRE
  FIGHTERS. 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.
         SECTION 16.  Subchapter D, Chapter 143, Local Government
  Code, is amended by adding Section 143.0515 to read as follows:
         Sec. 143.0515.  CAUSE FOR REMOVAL, SUSPENSION, OR DEMOTION
  OF POLICE OFFICERS. A commission rule prescribing cause for
  removal, suspension, or demotion of a police officer is valid only
  if it involves one or more of the following grounds:
               (1)  acts of incompetency, neglect, or failure to
  perform a job function deemed essential to the position as set forth
  in the police department's job description for the position;
               (2)  acts showing lack of good moral character,
  including:
                     (A)  discourtesy to the public or to a fellow
  employee while the police officer is in the line of duty;
                     (B)  intoxication while on duty or excessive
  intoxication while off duty;
                     (C)  conduct prejudicial to good order;
                     (D)  refusal or neglect to pay just debts;
                     (E)  absence without leave;
                     (F)  excessive use of force; or
                     (G)  making a false statement or substantive
  omission during the employment application process, a police
  department hearing, or a police department investigation;
               (3)  violation of a municipal charter provision;
               (4)  violation of an applicable police department rule
  or special order;
               (5)  a plea of guilty, an adjudication of guilt, or a
  verdict of guilty after a criminal trial of any felony offense or
  any of the following misdemeanor offenses:
                     (A)  an offense listed under Chapter 15, Penal
  Code, that constitutes an attempt, conspiracy, or solicitation to
  commit another offense under this subdivision; 
                     (B)  any offense listed under Chapter 21, Penal
  Code (sexual offenses);
                     (C)  any offense listed under Section 22.012,
  Penal Code (indecent assault);
                     (D)  any offense listed under Chapter 30, Penal
  Code (burglary and criminal trespass);
                     (E)  any offense listed under Chapter 31, Penal
  Code (theft);
                     (F)  any offense listed under Chapter 32, 35, or
  35A, Penal Code (fraud);
                     (G)  any offense listed under Chapter 36, Penal
  Code (bribery and corrupt influence);
                     (H)  any offense listed under Chapter 37, Penal
  Code (perjury and other falsification);
                     (I)  any offense listed under Chapter 39, Penal
  Code (abuse of office);
                     (J)  any offense listed under Chapter 43, Penal
  Code (public indecency);
                     (K)  any offense listed under Section 49.04,
  49.05, or 49.06, Penal Code (intoxication offenses); or
                     (L)  other misdemeanor crimes of moral turpitude;
  or
               (6)  acts constituting an offense under Subdivision
  (5), regardless of criminal prosecution, including any act in any
  jurisdiction other than this state, which if committed in this
  state would constitute such an offense unless a court has held the
  offense as unconstitutional.
         SECTION 17.  The heading to Section 143.052, Local
  Government Code, is amended to read as follows:
         Sec. 143.052.  DISCIPLINARY SUSPENSIONS OF FIRE FIGHTERS.
         SECTION 18.  Sections 143.052(b), (c), (d), (e), (f), (g),
  and (h), Local Government Code, are amended to read as follows:
         (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 fire fighter
  [person] wants to appeal to the commission, the fire fighter
  [person] must file a written appeal with the commission within 10
  business 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 business [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 business 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 19.  Subchapter D, Chapter 143, Local Government
  Code, is amended by adding Section 143.0525 to read as follows:
         Sec. 143.0525.  DISCIPLINARY SUSPENSIONS AND DEMOTIONS OF
  POLICE OFFICERS. (a) This section does not apply to a municipality
  with a population of 1.5 million or more.
         (b)  For purposes of this section, "civil service rule"
  includes the underlying grounds described by Section 143.0515.
         (c)  If the head of a police department determines that a
  police officer under the department head's supervision or
  jurisdiction violated a civil service rule, the department head
  may:
               (1)  suspend the police officer for a period not to
  exceed 15 calendar days;
               (2)  suspend the police officer indefinitely, which is
  equivalent to dismissal from the department; or
               (3)  recommend to the commission to demote the police
  officer to any lower rank in the classified civil service.
         (d)  If the department head suspends or recommends to demote
  a police officer under this section, the department head shall,
  within five business days after the date of suspension or
  recommended demotion, file a written statement with the commission.
  The written statement must identify each civil service rule alleged
  to have been violated by the police officer and 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)  The department head shall deliver a copy of the
  statement in person or by certified mail to the police officer
  within five business days after the date the department head
  suspends or recommends demotion of the police officer. The copy
  must inform the police officer of the police officer's right to
  appeal under Section 143.0535.
         (f)  A suspension under this section goes into effect
  immediately. 
         (g)  A recommended demotion under this section goes into
  effect if the commission grants the request of the department head.
  If the police officer exercises the police officer's right to
  appeal under Section 143.0535, the commission may not grant the
  demotion request until the appeal process is complete.
         (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 was discovered by the department before the
  360th day preceding the date the department head suspends or
  recommends demotion of the police officer.
         SECTION 20.  The heading to Section 143.053, Local
  Government Code, is amended to read as follows:
         Sec. 143.053.  APPEAL OF DISCIPLINARY SUSPENSION OF FIRE
  FIGHTERS.
         SECTION 21.  Section 143.053, Local Government Code, is
  amended by amending Subsections (b), (e), (f), and (g) and adding
  Subsection (f-1) 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 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 in accordance with Subsection
  (f-1), including sick leave, vacation leave, and service credit in
  a retirement system.
         (f-1)  Standard payroll deductions, if any, for retirement
  and other benefits restored shall be made from the compensation
  paid under Subsection (f)(1), 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 22.  Subchapter D, Chapter 143, Local Government
  Code, is amended by adding Section 143.0535 to read as follows:
         Sec. 143.0535.  APPEALS AND REJECTIONS OF DISCIPLINARY
  SUSPENSIONS AND DEMOTIONS OF POLICE OFFICERS. (a) This section
  does not apply to a municipality with a population of 1.5 million or
  more.
         (b)  For purposes of this section, "civil service rule"
  includes the underlying grounds described by Section 143.0515.
         (c)  A police officer has the right to appeal a suspension or
  recommended demotion made under Section 143.0525 unless:
               (1)  offered by the department head, the police officer
  agrees in writing to voluntarily accept a demotion or suspension of
  up to 90 calendar days; or
               (2)  the department head is requesting to demote a
  police officer who has been promoted in the last six months to the
  police officer's previous civil service rank on the grounds
  described by Section 143.0515(1) relating to the new position.
         (d)  Regardless of whether the police officer files an appeal
  or has the right to appeal, the commission shall reject a suspension
  or recommended demotion under this section and immediately
  reinstate the police officer if the commission finds that the
  department head did not fulfill the requirements of Section
  143.0525(d).
         (e)  An appeal to the commission by a police officer under
  this section must be filed with the commission within 10 business
  days after the date the police officer receives the copy of the
  statement in accordance with Section 143.0525(e).
         (f)  The commission shall hold a full and complete hearing
  and render a decision in writing within 30 calendar days after the
  date the commission receives notice of the appeal. The police
  officer and commission may agree to postpone the hearing for a
  definite period.
         (g)  In a hearing conducted under this section, the
  department head is restricted to:
               (1)  the department head's unamended original written
  statement and charges; and
               (2)  additional facts that become known to the
  department head after the time of the suspension or recommended
  demotion. 
         (h)  The department head shall provide the additional facts
  described by Subsection (g)(2) to:
               (1)  the appellant at least five business days before
  the date set for hearing; and 
               (2)  the commission.
         (i)  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.
         (j)  The commission may suspend, dismiss, or demote a police
  officer only for violation of civil service rules and only after a
  finding by the commission of the truth of the specific charges
  against the police officer.
         (k)  In the commission's decision, the commission shall
  state whether the police officer is:
               (1)  permanently dismissed from the police department;
               (2)  temporarily suspended from the police department
  for a definite period;
               (3)  demoted to the position requested by the
  department head;
               (4)  demoted to a position between the police officer's
  current position and the position requested by the department head;
  or
               (5)  restored to the police officer's former position
  or status in the police department's classified service.
         (l)  If the suspended police officer is restored to the
  position or class of service from which the police officer was
  suspended, 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 in accordance with Subsection
  (m), including sick leave, vacation leave, and service credit in a
  retirement system.
         (m)  Standard payroll deductions, if any, for retirement and
  other benefits restored under Subsection (l)(2) must 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.
         (n)  A decision by the commission to suspend a police officer
  for not more than 15 calendar days is final and may not be appealed
  under Section 143.015.
         (o)  Except as otherwise provided by this section, an appeal
  under this section shall follow the procedures prescribed by
  Section 143.010.
         SECTION 23.  The heading to Section 143.054, Local
  Government Code, is amended to read as follows:
         Sec. 143.054.  DEMOTIONS OF FIRE FIGHTERS AND CERTAIN POLICE
  OFFICERS.
         SECTION 24.  Section 143.054, Local Government Code, is
  amended by amending Subsections (a) and (c) and adding Subsection
  (a-1) to read as follows:
         (a)  This section does not apply to a police department in a
  municipality with a population of less than 1.5 million.
         (a-1)  If the head of the fire or police department wants a
  fire fighter or police officer under the department head's [his]
  supervision or jurisdiction to be involuntarily demoted, the
  department head may recommend in writing to the commission that the
  commission demote the fire fighter or police officer.
         (c)  The commission may refuse to grant the request for
  demotion. 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 business day
  before the date the hearing will be held.
         SECTION 25.  Section 143.056, Local Government Code, is
  amended by amending Subsections (c) and (h) and adding Subsections
  (c-1) and (i) 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 30 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)  If the action directly related to the felony
  indictment or misdemeanor complaint against a police officer was
  discovered on or after the 360th day before the date of the
  indictment or complaint, the department head may, within 30 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 a Class A
  or B misdemeanor 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 the 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.
         (i)  The department head may order an indefinite suspension
  of a police officer based on an act classified as a felony or a Class
  A or B misdemeanor after the 360-day period following the date of
  the discovery of the act by the department if the department head
  considers the delay to be necessary to protect a criminal
  investigation of the police officer's conduct. If the department
  head intends to order an indefinite suspension of the police
  officer after the 360-day period, the department head must file
  with the attorney general a statement describing the criminal
  investigation and its objectives within 360 days after the date of
  the discovery of the act by the department.
         SECTION 26.  The heading to Section 143.057, Local
  Government Code, is amended to read as follows:
         Sec. 143.057.  FIRE FIGHTER APPEAL TO HEARING EXAMINER
  [EXAMINERS].
         SECTION 27.  Sections 143.057(a), (b), (c), (d), (e), (i),
  and (j), Local Government Code, are amended 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, 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 fire fighter [person] waives all rights to
  appeal to a district court except as provided by Subsection (j).
         (b)  To exercise the choice of appealing to a hearing
  examiner, the appealing fire fighter [or police officer] must
  submit to the director a written request as part of the original
  notice of appeal required under this chapter stating the fire
  fighter's [person's] decision to appeal to an independent third
  party hearing examiner.
         (c)  The hearing examiner's decision is final and binding on
  all parties. If the fire fighter [or police officer] decides to
  appeal to an independent third party hearing examiner, the fire
  fighter [person] automatically waives all rights to appeal to a
  district court except as provided by Subsection (j).
         (d)  If the appealing fire fighter [or police officer]
  chooses to appeal to a hearing examiner, the fire fighter [or police
  officer] and the department head, or their designees, shall first
  attempt to agree on the selection of an impartial hearing examiner.
  If the parties do not agree on the selection of a hearing examiner
  on or within 10 business days after the date the appeal is filed,
  the director shall immediately request a list of seven qualified
  neutral arbitrators from the American Arbitration Association or
  the Federal Mediation and Conciliation Service, or their successors
  in function. The fire fighter [or police officer] and the
  department head, or their designees, may agree on one of the seven
  neutral arbitrators on the list. If they do not agree within five
  business [working] days after the date they received the list, each
  party or the party's designee shall alternate striking a name from
  the list and the name remaining is the hearing examiner. The
  parties or their designees shall agree on a date for the hearing.
         (e)  The appeal hearing shall begin as soon as the hearing
  examiner can be scheduled. If the hearing examiner cannot begin the
  hearing within 45 calendar days after the date of selection, the
  fire fighter [or police officer] may, within two business days
  after learning of that fact, call for the selection of a new hearing
  examiner using the procedure prescribed by Subsection (d).
         (i)  The hearing examiner's fees and expenses are shared
  equally by the appealing fire fighter [or police officer] and by the
  department. The costs of a witness are paid by the party who calls
  the witness.
         (j)  A district court may hear an appeal of a hearing
  examiner's award only on the grounds that the arbitration panel was
  without jurisdiction or exceeded its jurisdiction or that the order
  was procured by fraud, collusion, or other unlawful means. An
  appeal must be brought in the district court having jurisdiction in
  the municipality in which the fire [or police] department is
  located.
         SECTION 28.  The heading to Section 143.083, Local
  Government Code, is amended to read as follows:
         Sec. 143.083.  EMERGENCY APPOINTMENT OF TEMPORARY FIRE
  FIGHTERS [AND POLICE OFFICERS].
         SECTION 29.  Section 143.083(a), Local Government Code, is
  amended to read as follows:
         (a)  If a municipality is unable to recruit qualified fire
  fighters [or police officers] because of the maximum age limit
  prescribed by Section 143.023 and the municipality's governing body
  finds that this inability creates an emergency, the commission
  shall recommend to the governing body additional rules governing
  the temporary employment of fire fighters [persons] who are 36
  years of age or older.
         SECTION 30.  Section 143.089(f), Local Government Code, is
  amended to read as follows:
         (f)  The director or the director's designee may not release
  any information contained in a fire fighter's or police officer's
  personnel file without first obtaining the person's written
  permission, unless the release of the information is:
               (1)  required by law; or
               (2)  requested by a local, state, or federal law
  enforcement agency conducting a criminal history check on a current
  or former police officer.
         SECTION 31.  The following provisions of the Local
  Government Code are repealed:
               (1)  Section 143.009(e);
               (2)  Section 143.023(c);
               (3)  Section 143.028; and
               (4)  Section 143.045(e).
         SECTION 32.  Chapter 143, Local Government Code, as amended
  by this Act, applies only in relation to an employment action taken
  on or after the effective date of this Act. An employment action
  taken before the effective date of this Act is governed by the law
  in effect on the date the employment action was taken, and that law
  continues in effect for that purpose.
         SECTION 33.  Section 143.016, Local Government Code, as
  amended by this Act, applies only to an offense committed on or
  after the effective date of this Act. An offense committed before
  the effective date of this Act 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 the effective date of this Act if any
  element of the offense occurred before that date.
         SECTION 34.  This Act takes effect September 1, 2021.