bill setting a fixed discipline schedule for police misconduct

The text as introduced · 1,614 words

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.

(c) This section expires September 1, 2026.

SECTION 15. This Act takes effect September 1, 2025.