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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal civil service for fire fighters and police |
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officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 143.003, Local Government Code, is |
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amended by adding Subdivision (6) to read as follows: |
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(6) "Civilian oversight commission" means any |
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civilian body created or appointed by a political subdivision to |
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practice oversight, monitoring, or investigations of fire fighters |
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or law enforcement officers or departments. |
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SECTION 2. Subchapter A, Chapter 143, Local Government |
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Code, is amended by adding Section 143.017 to read as follows: |
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Sec. 143.017. INVESTIGATIONS OF EMPLOYEES. An |
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investigation under this chapter may not be performed by a civilian |
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oversight commission. |
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SECTION 3. Section 143.089, Local Government Code, is |
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amended by amending Subsection (b) and adding Subsections (i) and |
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(j) to read as follows: |
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(b) A letter, memorandum, or document relating to alleged |
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misconduct by the fire fighter or police officer may not be placed |
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in the person's personnel file if the employing department |
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determines that there is insufficient evidence to sustain the |
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charge of misconduct. Letters, memoranda, or documents related to |
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alleged misconduct are confidential while the investigation is |
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pending. This subsection does not prohibit a law enforcement |
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agency hiring a police officer from viewing the contents of an |
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investigation file under Section 1701.451, Occupations Code. |
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(i) Notwithstanding Subsection (b), the employing |
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department may disclose information for a law enforcement purpose. |
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(j) A local ordinance, executive order, or rule adopted by a |
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political subdivision may not supersede any provision in this |
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section. |
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SECTION 4. Subchapter F, Chapter 143, Local Government |
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Code, is amended by adding Sections 143.091 and 143.092 to read as |
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follows: |
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Sec. 143.091. MUTUAL AGREEMENTS CONTROL. A mutual |
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agreement between a public employer and the bargaining agent |
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supersedes a local ordinance, executive order, or rule adopted by a |
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political subdivision. |
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Sec. 143.092. ELIGIBILITY FOR SERVICE ON A CIVILIAN |
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OVERSIGHT COMMISSION. A person is not eligible to serve on a |
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civilian oversight commission if the person: |
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(1) has been convicted of or placed on deferred |
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adjudication for a felony offense; or |
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(2) has been convicted of a crime of moral turpitude. |
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SECTION 5. Section 143.091, Local Government Code, as added |
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by this Act, applies to an agreement that was in effect on January |
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1, 2023. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |