HB881 - Relating to a progressive disciplinary matrix for police officer misconduct in certain municipalities.

  89R1384 SCL-F     By: Thompson H.B. No. 881       A BILL TO BE ENTITLED   AN ACT   relating to a progressive disciplinary matrix for police officer   misconduct in certain municipalities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 142, Local Government   Code, is amended by adding Section 142.0605 to read as follows:           Sec.   142.0605.     PROGRESSIVE DISCIPLINARY MATRIX. (a)   A   public employer shall implement a progressive disciplinary matrix,   as described by Section 143.0511, for municipal police officers if   the municipality has not adopted Chapter 143.           (b)     The public employer shall adopt rules necessary to   implement the progressive disciplinary matrix.          SECTION 2.  Section 142.067, Local Government Code, is   amended to read as follows:          Sec. 142.067.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.     (a)   Except as provided by Subsection (b), a [ A ] written meet and   confer agreement ratified under this subchapter preempts, during   the term of the agreement and to the extent of any conflict, all   contrary state statutes, local ordinances, executive orders, civil   service provisions, or rules adopted by the head of the law   enforcement agency or municipality or by a division or agent of the   municipality, such as a personnel board or a civil service   commission.           (b)  An agreement under this subchapter:                 (1)     must implement the progressive disciplinary   matrix established under Section 142.0605 or 143.0511; and                 (2)     may not conflict with and does not supersede a   statute, ordinance, order, civil service provision, or rule   concerning the disciplinary actions that may be imposed on a police   officer under the progressive disciplinary matrix.          SECTION 3.  Section 143.003, Local Government Code, is   amended by adding Subdivision (6) to read as follows:                 (6)     "Progressive disciplinary matrix" means a formal   schedule for disciplinary actions that may be taken against a   police officer as described by Section 143.0511.          SECTION 4.  Section 143.008, Local Government Code, is   amended by amending Subsection (c) and adding Subsection (c-1) to   read as follows:          (c)  The commission shall adopt rules that prescribe cause   for removal or suspension of a fire fighter [ or police officer ]. The   rules must comply with the grounds for removal prescribed by   Section 143.051.           (c-1)     The commission shall adopt rules that prescribe the   disciplinary actions that may be taken against a police officer   under a progressive disciplinary matrix.          SECTION 5.  Subchapter D, Chapter 143, Local Government   Code, is amended by adding Section 143.0511 to read as follows:           Sec.   143.0511.     PROGRESSIVE DISCIPLINARY MATRIX. (a)   The   commission shall implement a progressive disciplinary matrix for   infractions committed by police officers that consists of a range   of progressive disciplinary actions applied in a standardized way   based on the nature of the infraction and the officer's prior   conduct record, including removal, suspension, change of duty or   assignment, demotion, deduction of points from a promotional   examination grade, retraining, a written warning, or a written   reprimand.           (b)  The progressive disciplinary matrix must include:                 (1)     standards for disciplinary actions relating to the   use of force against another person, including the failure to   de-escalate force incidents in accordance with departmental   policy;                 (2)     standards for evaluating the level of discipline   appropriate for uncommon infractions; and                 (3)     presumptive actions to be taken for each type of   infraction and any adjustment to be made based on a police officer's   previous disciplinary record.          SECTION 6.  Section 143.057, Local Government Code, is   amended by amending Subsection (a) and adding Subsection (b-1) 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, or, if issued to a police officer, any other   disciplinary sanction, 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 person waives all rights to appeal to a district court   except as provided by Subsection (j).           (b-1)     A hearing examiner must presume a disciplinary action   applied to a police officer under a progressive disciplinary matrix   is reasonable unless the facts indicate that the police department   inappropriately applied a category of offense to the particular   violation.          SECTION 7.  Section 143.307, Local Government Code, is   amended by amending Subsections (a) and (b) and adding Subsection   (d) to read as follows:          (a)   Except as provided by Subsection (d), an [ An ] agreement   under this subchapter supersedes a previous statute concerning   wages, salaries, rates of pay, hours of work, or other terms and   conditions of employment to the extent of any conflict with the   statute.          (b)   Except as provided by Subsection (d), an [ An ] agreement   under this subchapter preempts any contrary statute, executive   order, local ordinance, or rule adopted by the state or a political   subdivision or agent of the state, including a personnel board, a   civil service commission, or a home-rule municipality.           (d)     An agreement under this subchapter affecting police   officers:                 (1)     must implement the progressive disciplinary   matrix established under Section 143.0511; and                 (2)     may not conflict with and does not supersede a   statute, order, ordinance, or rule concerning the disciplinary   actions that may be imposed on a police officer under the   progressive disciplinary matrix.          SECTION 8.  Section 143.361, Local Government Code, is   amended by amending Subsections (a) and (b) and adding Subsection   (d) to read as follows:          (a)   Except as provided by Subsection (d), a [ A ] written   agreement ratified under this subchapter between a public employer   and the bargaining agent supersedes a previous statute concerning   wages, salaries, rates of pay, hours of work, and other terms of   employment other than pension benefits to the extent of any   conflict with the previous statute.          (b)   Except as provided by Subsection (d), a [ A ] written   agreement ratified under this subchapter preempts all contrary   local ordinances, executive orders, legislation, or rules adopted   by the state or a political subdivision or agent of the state, such   as a personnel board, a civil service commission, or a home-rule   municipality.           (d)     An agreement under this subchapter affecting police   officers:                 (1)     must implement the progressive disciplinary   matrix established under Section 143.0511; and                 (2)     may not conflict with and does not supersede an   ordinance, order, statute, or rule concerning the disciplinary   actions that may be imposed on a police officer under the   progressive disciplinary matrix.          SECTION 9.  Section 174.005, Local Government Code, is   amended to read as follows:          Sec. 174.005.  PREEMPTION OF OTHER LAW.   (a)   Except as   provided by Subsection (b), this [ This ] chapter preempts all   contrary local ordinances, executive orders, legislation, or rules   adopted by the state or by a political subdivision or agent of the   state, including a personnel board, civil service commission, or   home-rule municipality.           (b)     An agreement under this chapter may not conflict with an   ordinance, order, statute, or rule concerning the disciplinary   actions that may be imposed on municipal police officers under a   progressive disciplinary matrix implemented by the municipal   public employer.          SECTION 10.  Section 174.006, Local Government Code, is   amended by amending Subsection (a) and adding Subsection (a-1) to   read as follows:          (a)   Except as provided by Subsection (a-1), a  [ A ] state or   local civil service provision prevails over a collective bargaining   contract under this chapter unless the collective bargaining   contract specifically provides otherwise.           (a-1)     A collective bargaining contract affecting municipal   police officers may not conflict with a state or local civil service   provision implementing a progressive disciplinary matrix under   this chapter or other law.          SECTION 11.  Subchapter B, Chapter 174, Local Government   Code, is amended by adding Section 174.024 to read as follows:           Sec.   174.024.     PROGRESSIVE DISCIPLINARY MATRIX FOR CERTAIN   POLICE OFFICERS. (a)   A municipal public employer shall implement a   progressive disciplinary matrix, as described by Section 143.0511,   for municipal police officers if the municipality has not adopted   Chapter 143.           (b)     The municipal public employer shall adopt rules   necessary to implement the progressive disciplinary matrix.          SECTION 12.  The changes in law made by this Act to the Local   Government Code apply only to a disciplinary action for conduct   that occurs on or after March 1, 2026. Conduct that occurs before   that date is governed by the law in effect immediately before that   date, and the former law is continued in effect for that purpose.          SECTION 13.  Sections 142.067(b), 143.307(d), 143.361(d),   174.005(b), and 174.006(a-1), Local Government Code, as added by   this Act, apply only to an agreement or contract entered into or   renewed on or after March 1, 2026. An agreement or contract entered   into or renewed before March 1, 2026, is governed by the law in   effect on the date the agreement or contract was entered into or   renewed, and the former law is continued in effect for that purpose.          SECTION 14.  (a)  The Bill Blackwood Law Enforcement   Management Institute of Texas shall consult with law enforcement   agencies of all sizes, law enforcement associations, law   enforcement training experts, and appropriate organizations   engaged in the development of law enforcement policy to develop a   model progressive disciplinary matrix, as defined by Section   143.003(6), Local Government Code, as added by this Act, and   associated training materials regarding the application of that   matrix. The institute shall provide for a period of public comment   before adopting the model progressive disciplinary matrix and   training materials.          (b)  Not later than January 1, 2026, the institute shall   adopt and disseminate the model progressive disciplinary matrix and   training materials to all law enforcement agencies and civil   service commissions in this state.         &# [Text truncated for display. Full text available on Congress.gov.]