88R32895 MZM-D

By: Hancock S.R. No. 692

R E S O L U T I O N

BE IT RESOLVED by the Senate of the State of Texas, 88th Legislature, Regular Session, 2023, That Senate Rule 12.03 be suspended in part as provided by Senate Rule 12.08 to enable the conference committee appointed to resolve the differences on House Bill 4227 (provisions governing the municipal civil service of fire fighters or police officers in certain municipalities) to consider and take action on the following matter:

Senate Rule 12.03(4) is suspended to permit the committee to add text on a matter not included in either the house or senate version of the bill by adding the following new SECTIONS to the bill:

SECTION 1. Section 143.003, Local Government Code, is amended by amending Subdivision (1) and adding Subdivision (1-a) to read as follows:

(1) "Civilian oversight board" means a board or office established by a municipality to practice oversight, monitoring, or investigations of fire fighters or police officers, or departments, by members of the public who are not fire fighters or police officers.

(1-a) "Commission" means the Fire Fighters' and Police Officers' Civil Service Commission.

SECTION 3. Subchapter A, Chapter 143, Local Government Code, is amended by adding Section 143.017 to read as follows:

Sec. 143.017. INVESTIGATION BY CIVILIAN OVERSIGHT BOARD PROHIBITED. An investigation under this chapter may not be performed by a civilian oversight board.

SECTION 4. Sections 143.089(b) and (f), Local Government Code, are amended to read as follows:

(b) A letter, memorandum, or document relating to alleged misconduct by the fire fighter or police officer:

(1) may not be placed in the person's personnel file if the employing department determines that there is insufficient evidence to sustain the charge of misconduct; and

(2) except as provided by Section 1701.451, Occupations Code, may not be released to any agency or person requesting the letter, memorandum, or document if there is a pending investigation into the alleged misconduct.

(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 required by law or for a law enforcement purpose.

SECTION 5. Subchapter F, Chapter 143, Local Government Code, is amended by adding Sections 143.091 and 143.092 to read as follows:

Sec. 143.091. MUTUAL AGREEMENT SUPERSEDES CERTAIN MUNICIPAL LAW. For a municipality with a collective bargaining agreement or a meet-and-confer agreement with the municipality's fire department or police department, the agreement supersedes an ordinance, executive order, or rule adopted by the municipality.

Sec. 143.092. ELIGIBILITY FOR CIVILIAN OVERSIGHT BOARD. A person is not eligible to serve on a civilian oversight board if the person has been:

(1) convicted of or placed on deferred adjudication community supervision for a felony offense; or

(2) convicted of a crime of moral turpitude.

SECTION 6. Section 143.306, Local Government Code, is amended by adding Subsection (d) to read as follows:

(d) A municipal charter, ordinance, executive order, or rule adopted by a municipality that restricts or conditions the authority of a public employer to enter into a written agreement under this subchapter is void and unenforceable.

SECTION 7. Section 143.091, Local Government Code, as added by this Act, applies to a collective bargaining agreement or a meet-and-confer agreement that was in effect on or after January 1, 2023.

Explanation: The changes are necessary to make certain changes to law relating to municipal civil service systems for fire fighters and police officers in certain municipalities.