85R8367 TJB-F     By: Lang H.B. No. 2226       A BILL TO BE ENTITLED   AN ACT   relating to complaints filed against certain law enforcement   officers, peace officers, detention officers, and county jailers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 614, Government Code, is   amended by adding Section 614.0205 to read as follows:          Sec. 614.0205.  DEFINITION. In this subchapter, "law   enforcement agency" means an agency of this state or an agency of a   political subdivision of this state authorized by law to employ a   law enforcement officer, including a peace officer under Article   2.12, Code of Criminal Procedure, or other law.          SECTION 2.  Section 614.021(a), Government Code, is amended   to read as follows:          (a)  Except as provided by Subsection (b), this subchapter   applies only to a complaint against:                (1)  a law enforcement officer, including a peace   officer under Article 2.12, Code of Criminal Procedure, or other   law, appointed or employed by a law enforcement agency [of the State   of Texas, including an officer of the Department of Public Safety or   of the Texas Alcoholic Beverage Commission];                (2)  a fire fighter [who is] employed by this state or a   political subdivision of this state; or                (3)  [a peace officer under Article 2.12, Code of   Criminal Procedure, or other law who is appointed or employed by a   political subdivision of this state; or                      [(4)]  a detention officer or county jailer [who   is] appointed or employed by a law enforcement agency [political   subdivision of this state].          SECTION 3.  Section 614.022, Government Code, is amended to   read as follows:          Sec. 614.022.  COMPLAINT TO BE IN WRITING AND SIGNED BY   COMPLAINANT. To be considered by the head of a law enforcement   [state] agency or by the head of a fire department [or local law   enforcement agency], the complaint must be:                (1)  in writing; and                (2)  signed by the person making the complaint.          SECTION 4.  Sections 614.023(a) and (c), Government Code,   are amended to read as follows:          (a)  A copy of a signed complaint against an officer or   employee that this subchapter applies to [a law enforcement officer   of this state or a fire fighter, detention officer, county jailer,   or peace officer appointed or employed by a political subdivision   of this state] shall be given to the officer or employee within a   reasonable time after the complaint is filed.          (c)  In addition to the requirement of Subsection (b), the   officer or employee may not be indefinitely suspended or terminated   from employment based on the subject matter of the complaint   unless:                (1)  the complaint is investigated; and                (2)  there is sufficient evidence to prove the   allegation of misconduct.          SECTION 5.  Subchapter B, Chapter 614, Government Code, is   amended by adding Sections 614.024 and 614.025 to read as follows:          Sec. 614.024.  COMPLAINT INVOLVING THREATENED OR ACTUAL USE   OF FORCE BY OFFICER OR EMPLOYEE. (a)  The head of a law enforcement   agency may not discipline, demote, indefinitely suspend, or   terminate the employment of an officer or employee who is a law   enforcement officer, peace officer, detention officer, or county   jailer based on a complaint that alleges that the officer or   employee threatened the use of deadly force or used force against a   person that resulted in bodily injury or death unless:                (1)  the agency investigates the complaint; and                (2)  the head of the agency determines that there is   sufficient evidence that the officer or employee violated a written   policy or procedure of the agency.          (b)  A law enforcement agency must notify an officer or   employee in writing if the head of the agency takes a disciplinary   action against the officer or employee under Subsection (a). The   notice must include:                (1)  a statement that:                      (A)  indicates each policy or procedure of the   agency that the head of the agency determined the officer or   employee violated; and                      (B)  for each policy or procedure violated,   describes each act alleged to have been committed by the officer or   employee in violation of the policy or procedure;                (2)  a statement that the officer or employee is   entitled to appeal the action to a hearing examiner as provided by   Section 614.025; and                (3)  a statement that the officer or employee waives   the right to appeal to district court if the officer or employee   elects to appeal to the hearing examiner.          Sec. 614.025.  APPEAL TO INDEPENDENT HEARING EXAMINER. (a)   A law enforcement officer, peace officer, detention officer, or   county jailer who is disciplined, demoted, indefinitely suspended,   or terminated from employment under Section 614.024 is entitled to   appeal the disciplinary action to a hearing examiner as provided by   this section.          (b)  An officer or employee who elects to appeal to a hearing   examiner must notify the head of the law enforcement agency who   disciplined the officer or employee. The notice of appeal must:                (1)  be in writing;                (2)  state that the officer or employee elects to   appeal to a hearing examiner; and                (3)  be filed with the head of the agency not later than   the 10th day after the date the officer or employee receives the   written notice prescribed by Section 614.024(b).          (c)  If an officer or employee files a notice of appeal under   this section, the officer or employee and the head of the law   enforcement agency, or their designees, must attempt to agree on   the selection of an impartial hearing examiner. If the parties   cannot agree on a hearing examiner before the 11th day after the   date the notice of appeal is filed, the head of the agency shall   immediately request a list of seven qualified neutral arbitrators   from the American Arbitration Association or the Federal Mediation   and Conciliation Service, or a successor entity. The parties may   agree on one of the seven arbitrators on the list. If the parties   cannot agree on an arbitrator on the list before the sixth business   day after the date the parties receive the list, each party shall   alternate striking a name from the list and the name remaining is   the hearing examiner.           (d)  The parties shall agree on a date for the hearing. The   hearing shall be scheduled to begin as soon as possible. If the   hearing examiner cannot begin the hearing before the 45th day after   the date the hearing examiner is selected, the parties must select a   new hearing examiner in the manner prescribed by Subsection (c) if:                (1)  the officer or employee requests selection of a   new hearing examiner; and                (2)  the request is made not later than the second day   after the date the officer or employee learns that the selected   hearing examiner cannot begin the hearing.          (e)  The hearing examiner may issue a subpoena to compel the   attendance of a witness or the production of documents and   materials as necessary to conduct the hearing.  The officer or   employee may request the hearing examiner to subpoena a witness,   documents, or materials that the officer or employee considers   relevant to the appeal.  The officer or employee must make the   request for a subpoena before the 10th day before the date the   hearing will begin.  The hearing examiner must notify the officer or   employee in writing before the third day before the date the hearing   will begin if the hearing examiner decides not to issue a subpoena   requested by the officer or employee.  The notice must state the   reason the hearing examiner will not issue the subpoena and must be   read into the public record of the hearing.          (f)  The hearing examiner shall conduct the hearing fairly   and impartially and shall render a just and fair decision. The   hearing examiner may require that a witness at the hearing not   discuss the hearing with another person.  The hearing examiner may   consider only the evidence submitted at the hearing.          (g)  The hearing examiner must promptly reverse any   disciplinary action that is the subject of an appeal under this   section and restore the officer or employee to the individual's   pre-disciplinary status if the hearing examiner determines that the   requirements of Section 614.024(b)(1) were not met.          (h)  The hearing examiner shall:                (1)  issue a final decision on the appeal not later than   the 10th day after the date the hearing ends, or another date agreed   to by the parties, if the parties request an expedited decision; or                (2)  make a reasonable effort to issue a final decision   on the appeal not later than the 30th day after the date the hearing   ends if the parties do not request an expedited decision.          (i)  The validity of a disciplinary action that is the   subject of the appeal and the final decision issued by the hearing   examiner for the appeal are not affected by the hearing examiner's   failure to comply with Subsection (h).          (j)  Except as provided by Subsection (l), the final decision   issued by the hearing examiner for an appeal under this section is   final and binding on all parties to the appeal.          (k)  The fees and expenses of the hearing examiner are shared   equally by the officer or employee and the law enforcement agency.   The cost of a witness is paid by the party who called the witness.          (l)  A district court may hear an appeal of the final   decision of a hearing examiner under this section only on the ground   that the hearing examiner was without jurisdiction, the hearing   examiner exceeded the hearing examiner's jurisdiction, or that the   final decision of the hearing examiner was procured by fraud,   collusion, or other unlawful means. A person must file the appeal   in a district court having appropriate jurisdiction.          SECTION 6.  The change in law made by this Act applies only   to a violation of a policy or procedure that occurs on or after the   effective date of this Act. A violation that occurs before the   effective date of this Act is governed by the law in effect on the   date the violation occurred, and the former law is continued in   effect for that purpose.          SECTION 7.  This Act takes effect September 1, 2017.