OPPOSED BILLS
Bill Status Report
06-15-2019 - 18:12:15

- Indicates action since the request date.


Track: Opposed Bills   

HB 2   Burrows, Dustin Relating to ad valorem taxation.
Remarks: OPPOSE: Hinders funding for public safety. Prevents long term planning associated with multi-year agreements.

SB 2 - CBW Testified against 2/6/19. HB 2 - Signed up against 2/27/19.

Bill History: 04-30-19 H Laid on the table - subject to call - see SB 2

HB 147   Moody, Joe Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law.
Remarks: OPPOSED: Opens up department records on officers subject to a criminal or internal investigation. Would allow for the release when a peace officer is subject of an investigation, even if the investigation ultimately is unfounded or unsubstantiated.

HB 147: Testified against on 2/27/19. Have met with the author and discussed changes.

HB 147 Video of committee hearing http://tlchouse.granicus.com/MediaPlayer.php?view_id=44&clip_id=16344

Scroll to 4:53 in the video

Moody layout “There is language in the bill about internal affairs records, that’s there to prevent some departments from using another loophole. Without it, in almost every case they can withhold the records by saying an internal investigation revealed no wrongdoing, which is another exception to the public information act. However, the intention of my bill isn’t to open up all internal affairs records, it’s to deal with situations where law enforcement is involved in a death. So we are working with stakeholders on tighter language limited to that situation… I want to say that I very much appreciate the law enforcement professionals who respected me… enough to talk to me about their concerns. I want them to know I hear those loud and clear and they have my commitment to resolve that issue. All this about is closing a loophole and shining a light on incidents where our government is involved in the loss of a life, which the public and the families affected deserve to have a complete picture of.”

5:40 Fredrick Frazier DPA, state FOP, “On” the bill, worried about videos of officer deaths being released. 5:44:15 Chris Jones CLEAT, 6:02 Jessica Anderson with Houston PD opposed but switched to “On” 6:02:30 Scott Henson “Just Liberty” 6:06:50 Ken Casaday “opposed” families should see the video, but unintended consequences. Violent vid eos of officers deaths would be released. As it is written, the APA is against it. 6:08:30 Justin Berry

6:10 Moody Closes “I hear and respect the concerns of some of our witnesses, which is why I have already committed to fixing the internal affairs concern. Also, heard the concerns about the privacy of those in law enforcement that have lost a loved one, lost a colleague, and so that is something we can address as well.

The committee sub did fix the concern related to video being released of a peace officer’s death. But still would allow alleged misconduct information related to the incident to be released prior to being investigated, including any information in the officers department file regulated by civil service law (143.089 “g” file).

Time Line: 2/27/19 HB 147 heard

3/25/19 Moody staff e-mails copy of sub to us and other police groups.

3/26/19 CLEAT e-mail to Moody staff with questions about the substitute

3/26/19 Moody's staff replies to questions

3/27/19 Another e-mail from Moody staff asking where we are.

3/27/19 Reply to Moody staff with more concerns of ours and again stating that we would support language that would allow the family to view video, but not release it to the public.

3/28/19 E-mail from Charley to Moody's staff:

4/15/19 HB 147 voted out of State Affairs, Moody gives interview to KXAN, said CLEAT was dishonest about 147

5/14/19 Moody amends SB 944

Bill History: 04-24-19 H Reported from committee as substituted House State Affairs

HB 171   Canales, Terry Relating to the admissibility of evidence in an asset forfeiture proceeding and the seizure and forfeiture of certain property.
Remarks: OPPOSE: Limits property that can be seized. Only would allow seizure of contraband, not property lawful to own.
Bill History: 04-15-19 H Not heard in committee House Criminal Jurisprudence

HB 182   Canales, Terry Relating to criminal asset forfeiture proceedings.
Remarks: OPPOSE: Changes standard for seizure from preponderance of the evidence, to "clear and convincing" evidence. Limits transfer of seized assets to federal government.
Bill History: 04-15-19 H Not heard in committee House Criminal Jurisprudence

HB 215   Reynolds, Ron Relating to the appointment by the attorney general of a special prosecutor to prosecute certain offenses that are committed by certain peace officers and that result in serious bodily injury or death.
Remarks: OPPOSED: Requires special prosecutor for all officer-involved injury or death.
Bill History: 02-19-19 H Introduced and referred to committee on House Criminal Jurisprudence

HB 246   Farrar, Jessica Relating to abolishing the death penalty.
Bill History: 02-19-19 H Introduced and referred to committee on House Criminal Jurisprudence

HB 336   Dutton, Harold Relating to abolishing the death penalty.
Remarks: OPPOSE: CWJ: Met with Dutton's staff on 3/13/18.

Bill History: 02-19-19 H Introduced and referred to committee on House Criminal Jurisprudence

HB 357   Stickland, Jonathan Relating to the carrying of a firearm by a person who is not otherwise prohibited from possessing the firearm and to criminal offenses otherwise related to the carrying of a firearm.
Remarks: Constitutional Carry
Bill History: 02-19-19 H Introduced and referred to committee on House Homeland Security and Public Safety

HB 404   Thompson, Senfronia Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state.
Remarks: OPPOSE: Re-write of asset forfeiture statute. Limits what can be seized. Requires conviction to seize property.
Bill History: 04-15-19 H Committee action pending House Criminal Jurisprudence

HB 472   Dutton, Harold Relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in a capital murder case.
Remarks: OPPOSE: CWJ: Met with Dutton's staff on 3/13/18.
Bill History: 04-25-19 H Vote failed in committee on House Criminal Jurisprudence

HB 479   Dutton, Harold Relating to asset forfeiture proceedings under the Code of Criminal Procedure.
Remarks: OPPOSE: Requires conviction to seize property. CWJ: Met with Dutton's staff on 3/13/18.
Bill History: 04-15-19 H Committee action pending House Criminal Jurisprudence

HB 482   Thompson, Senfronia Relating to a limitation on the authority to arrest a person for certain misdemeanors punishable by fine only.
Remarks: OPPOSE: Prohibits arrest for "fine only" (Class C) offense. Bill laid out by Rep. Israel at 47:25 in the hearing http://tlchouse.granicus.com/MediaPlayer.php?view_id=44&clip_id=16909

“If HB 482 had been the law, Sandra Bland would have never been arrested in the first place.”

55:15 James Dickey Chairman of the Republican Party of Texas, for the bill. RPT passed plank #92 which calls for the ending of the practice for jailing for fine only offenses.

59:00 Kathy Mitchell “Just Liberty” for the bill I am aware that there have been significant amendments in the past week and the past day with significant discussion with law enforcement, so I hope there will be other witnesses speaking to that, but I thank law enforcement for being willing to work with Thompson’s office.

59:35 Chris Jones CLEAT

1:03:40 Chaz Moore, Exec Director Austin Justice Coalition I was asked by Chairwoman’s office to stand down because we have been working diligently with TMPA and some of the sheriff’s. Clearly we are not going to be able to please everybody, but we want to make sure that both the people are protected in their constitutional rights and our peace officers still have the tools they need to do their job the best they can.

1:16:15 Terry Holcomb, RPT Exec Committee SD 3 I want every Republican to co-author this bill. Appalled that Law Enforcement says the need this tool What they really are saying is that the want the ability to circumvent the protections afforded to you. Ask me what a P-O-P arrest is Travis Clardy asked what it is a P-O-P, “piss off the police arrest” Clardy - Do you think the more common uses of the body camera is having an effect? “No sir I do not”

1:29:20 CJ Grisham – Representing myself Open Carry Texas CLEAT motivated me to come up in support of this bill. I could not believe what I heard. This is not about taking a tool away from law enforcement, this is about taking away power from law enforcement. This is about the ability to ruin your life if you don’t basically bow down to certain people. And I am not talking broadly. There are officers out there that are on a power trip, and if they don’t like you, or you look at them the wrong way, or you look the wrong way, they will toss you in jail because of a busted tail light or they want to find some reason to get you. --- I would like to thank CLEAT for opposing this bill and motivating me to come up here and support it so vociferously.

1:37:20 Randy Peterson, Texas Public Policy Foundation – For the bill The last session this body did some great work by passing the Sandra Bland Act. This completes that work. Of all of the reforms that we could think of this is the only one that would have changed Sandra Bland, the arrest wouldn’t have occurred. You have heard testimony that this is a tool of law enforcement, and that is true, in certain circumstances, but all of those circumstances are addressed in the committee substitute.

Bill History: 04-03-19 H Committee action pending House Homeland Security and Public Safety

HB 521   Dutton, Harold Relating to the charging instrument in the prosecution of the offense of resisting arrest.
Remarks: OPPOSE: Back door attempt to attack the validity of the resisting charge if the underlying offense is dismissed or invalid. The law already provides that it is offense even if the arrest is unlawful.

HB 521 CWJ: Testified against on 3/4/19. RO: Submitted memo of opp to committee 3/18/19.

3/4/19 House Criminal Jurisprudence Committee Witness list not available online VIDEO: http://tlchouse.granicus.com/MediaPlayer.php?view_id=44&clip_id=16383 Scroll to 1:25:00

Dutton “The law needs to include the reason for the arrest in the first place.”

Witnesses from video, - Brian McGivern (Austin Community Law Center) For the bill - Chaz Moore (Austin Justice Coalition) For the bill Common sense bill by Rep Dutton you can’t just resist arrest, there has to be another charge, but many people are just charged with resisting arrest.

- Chris Harris (Just Liberty) For the bill – Data from Harris County 2007-2017 5000 cases (500 per year) where people were charged with only resisting arrest. “It is like being fired from refusing to be fired” - about a quarter of these cases are dismissed, so the arrest was invalid. Issues with this process and practice. - Shannon Edmunds – resource right now the underlying basis for the interaction may or may not be in the offense report. Standard procedure for the prosecutor to look through and make sure they are above board.

- Murr makes point that this might be negative to the defense by having information included they don’t want the jury to hear or see. Edmunds, jury is supposed to be limited to the elements of the charge - Chris Jones – CLEAT – real concern with the effort to weaken the resisting arrest statute, attempts to remove provision related to unlawful arrest. Examples of why there is no underlying charge because of a mistake, witness identified the wrong person, if the underlying charge turns out to be dismissed. If a person is told they are under arrest and fights the officer, then that is a problem, and this is a backdoor attempt to beat the charge. Charging the piece is what no one can tell now, looking into the future what the court is going to do. - Michael Cargil (Exec Dir, Texans for Accountable Government) For the bill – doesn’t go far enough. Forcing people to fight something they never should have been charged with in the first place. - Sue Gabriel (Texas Advocates for Justice / Austin Justice Coalition) having a person arrested for resisting arrest is frivolous. People are most likely being arrested for an un-arrestable offense or an offense that the police made up at the spur of the moment. Police are seldom held accountable for their misdeeds. - Dutton close – simply places the reason for the arrest in the charge. But when it is in the charge, it simply means the prosecutor is going to have to prove the charge. If a police officer comes and tells you your under arrest, the first thing you as is “what for”? State doesn’t have to prove why the person was being arrested. State simply should have to prove that an arrest was being made for something.

CLEAT only group to testify against (no local groups testified either)

Bill History: 03-04-19 H Committee action pending House Criminal Jurisprudence

HB 546   Canales, Terry Relating to a study and report by the Texas Commission on Law Enforcement on certain training and education requirements for law enforcement officers.
Remarks: OPPOSE:

Numerous discussions with author's staff prior to session.

Bill History: 02-20-19 H Introduced and referred to committee on House Homeland Security and Public Safety

HB 561   Thierry, Shawn Relating to civilian complaint review boards in certain municipalities and counties.
Remarks: OPPOSE: Civilian review board for municipality with a population of 2 million or more or county with population of 3.3 million or more.
Bill History: 02-20-19 H Introduced and referred to committee on House Homeland Security and Public Safety

HB 647   Thompson, Senfronia Relating to the disciplinary actions that may be taken against police officers in certain municipalities.
Remarks: OPPOSE: Amends 142, 143, and 174. Mandates a disciplinary matrix. Would prohibit contract superseding law on this subject.

HB 647: CWJ testified against on 3/14/19.

VIDEO: http://tlchouse.granicus.com/MediaPlayer.php?view_id=44&clip_id=16567 Scroll to 49:10

3/14/19 House Urban Affairs Committee Witness list not available online

Button lays out bill for Thompson

Witnesses from Video: - Dan Curtis (Plano Police Department) Against - Kathy Mitchell (Just Liberty) Community process managed by Bill Blackwood Institute to create a model disciplinary matrix. Allows local jurisdictions to use the model or do their own matrix. Continuing dialogue hope to come to a place where everyone’s concerns are addressed. - Chris Jones (CLEAT) Against both bill as filed and committee sub. Explain a little history about civil service and meet and confer or collective bargaining contracts. Before 2005, hundreds of civil service bills. After 2005 and HB 304 most issues addressed locally through meet & confer. No cookie cutter approach to civil service. Idea was issues can be changed locally and kept everyone from having to come to Austin and fight over civil service. Process does work (Austin example). Couple of provisions opposed to that would prevent meet & confer changes and limit the ability of the arbitrator to consider the totality of the circumstances. Every circumstance is different in disciplinary cases. - Shane Johnson (Austin Justice Coalition) FOR the bill - highlight some of the benefits of a standardized disciplinary matrix. Half of public employees successfully appeal their discipline and many are overturned because discipline is inconsistently applied. Morale can suffer when discipline is inconsistent. Study conducted by Washington State Patrol – after implementing disciplinary matrix, the number of both employee and civilian complaints went down so this can help improve relationships with the community. This will be a stakeholder process.

CLEAT only group to testify against (no local groups testified either)

Bill History: 03-14-19 H Committee action pending House Urban Affairs

HB 745   Rose, Toni Relating to the duties and powers of peace officers.
Remarks: OPPOSE: Amends 2.13 CCP and changes duty to arrest from "shall" to "may". Repeals 2.14 and 2.15 provisions on summoning aid and requirement to act when summoned. RO: RO/CBW informed staffer of opposition 3/18/19.
Bill History: 04-16-19 H Removed from hearing 04/17/19 House Homeland Security and Public S

HB 772   Davis, Sarah Relating to the offense of operating certain vehicles without a license plate.
Remarks: OPPOSE: Exempts front license plate from certain vehicles.
Bill History: 02-21-19 H Introduced and referred to committee on House Transportation

HB 796   Thierry, Shawn Relating to civilian complaint review boards in certain municipalities and counties.
Remarks: OPPOSE: Civilian review boards in municipalities over 1 million and counties over 2 million. Limits membership of board. Requires municipal or county attorney to investigate complaints forwarded by board. Allows board to issue subpoenas.

HB 796: We have communicated our concerns to staff on this bill.

Bill History: 02-21-19 H Introduced and referred to committee on House Homeland Security and Public Safety

HB 804   Johnson, Jarvis Relating to the authority of peace officers to conduct certain searches.
Remarks: OPPOSED: Limits ability to conduct consent searches or seize evidence unless specific rules are followed. A body camera or dashcam malfunction could result in evidence being thrown out.
Bill History: 02-25-19 H Introduced and referred to committee on House Homeland Security and Public Safety

HB 887   Thompson, Senfronia Relating to the use of force to make an arrest or search and law enforcement policies regarding de-escalation and proportionate response.
Remarks: OPPOSE: Requires each agency adopt a policy regarding de-escalation and proportionate response. Requires additional training. Requires TCOLE adopt a model policy. Multiple changes to use of force standards in Penal Code.
Bill History: 04-02-19 H Removed from hearing 04/03/19 House Homeland Security and Public S

HB 943   Dutton, Harold Relating to an offense report prepared in the investigation of a criminal case.
Remarks: OPPOSE: Requires that an offense report prepared in the investigation of a criminal case must be signed by each peace officer who contributed information to the report.

CWJ: Met with Dutton's staff on 3/13/18.

VIDEO: http://tlchouse.granicus.com/MediaPlayer.php?view_id=44&clip_id=16909 Scroll to 5:07

4/3/19 House Homeland Security & Public Safety Committee Witness list not available online

Nevarez laid bill out for Dutton

Witnesses from Video: Floyd Goodwin DPS Resource Chris Jones (CLEAT) - Only one called against (did not testify)

Bill History: 04-03-19 H Committee action pending House Homeland Security and Public Safety

HB 1359   Wu, Gene Relating to an attorney's entrance into a building that houses a court by presentation of the attorney's state bar membership card.
Remarks: An attorney licensed to practice law in this state may present the attorney's state bar membership card instead of an identification card issued or authorized for issuance by a county or municipality. A county or municipality may not adopt or enforce an order or ordinance that conflicts.
Bill History: 04-30-19 H Reported from committee as substituted House Judiciary and Civil Jurisprudence

HB 1615   Schaefer, Matt Relating to the state's burden of proof in certain asset forfeiture proceedings under the Code of Criminal Procedure.
Remarks: OPPOSE: Changes language on standard of proof in asset forfeiture cases. Changes burden to the state instead of the property owner.
Bill History: 04-26-19 H Reported favorably from committee on House Criminal Jurisprudence

HB 1654   Goldman, Craig Relating to the regulation by a municipality or county of certain employment benefits and policies.
Remarks: OPPOSE: Limits local control of labor issues not already regulated by the state. Though this applies to employee benefits regulated locally for private business, it could easily spill over to limit benefits for public employees.

SB 15: CBW signed up against on 2/28/19

Bill History: 03-04-19 H Introduced and referred to committee on House State Affairs

HB 1957   Dutton, Harold Relating to a provision of a contract that conflicts with state law.
Remarks: OPPOSE: Prohibits superseding state law in a contract. Does not exempt meet & confer and bargaining contracts.

CWJ: Met with Dutton's staff on 3/13/18.

Bill History: 03-05-19 H Introduced and referred to committee on House Business and Industry

HB 2015   Dutton, Harold Relating to searches, seizures and raids by Special Weapons and Tactics teams.
Remarks: OPPOSE: Requires that every member of a SWAT team have a body camera. Limits deployment of a SWAT team. Makes assumptions about imminent threat. Requires SWAT Reports annually. Requires release of the recordings made by SWAT teams.

CWJ: Met with Dutton's staff on 3/13/18.

Bill History: 04-03-19 H Committee action pending House Homeland Security and Public Safety

HB 2286   Oliverson, Tom Relating to the criminal consequences of engaging in certain conduct with respect to certain firearm accessories and prohibiting the enforcement of certain federal laws related to certain firearm accessories.
Remarks: OPPOSE: Prohibits enforcement of a federal statute or rule regulating a firearm suppressor if it is not a violation of state law. Removes firearm silence from the Penal Code.
Bill History: 05-14-19 S Referred to Senate Committee on Senate State Affairs

HB 2382   Dutton, Harold Relating to the classification of certain conduct by juveniles constituting the offense of evading detention.
Remarks: OPPOSE: Amends Family Code and reclassifies the offense of evading arrest or detention by a juvenile from being considered "delinquent conduct" to the less serious category of "conduct indicating a need for supervision" if the offense was a Class A misdemeanor.
Bill History: 04-17-19 H Committee action pending House Juvenile Justice and Family Issues

HB 2396   Lozano, Jose Relating to the accrual of interest on annuity and other payments made to certain retirees who have resumed employment within the Texas Municipal Retirement System.
Remarks: OPPOSE: TMRS Return to work bill.
Bill History: 03-06-19 H Introduced and referred to committee on House Pensions/Investments/Financial Servi

HB 2499   Springer, Drew Relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation.
Remarks: OPPOSED: (TSA Bill) Criminalizes a search without effective consent for the purpose of granting access to a publicly accessible building or form of transportation.
Bill History: 04-25-19 H Committee action pending House Criminal Jurisprudence

HB 2662   Paul, Dennis Relating to voter approval of the issuance of certain obligations by municipalities to pay their unfunded liabilities to a public pension fund.
Remarks: OPPOSE: Requires voter approval to issue obligation bonds of $50 million or more. Companion to SB 957.
Bill History: 04-11-19 H Committee action pending House Pensions/Investments/Financial Services

HB 2754   White, James Relating to the issuance of a citation or notice to appear for certain misdemeanors punishable by fine only and the court's authority to order a defendant confined in jail for failure to pay a fine.
Remarks: OPPOSE: Prohibits arrests for Class C or fine only offenses other than assault. Met with Rep. by request 3/26/2019. 4/28/19 House Substitute requires each agency to implement a "Cite and Release Policy" by each agency. Policy must include a procedure for a peace officer to verify a person's identity and issue a citation. Officers could still arrest for Class C assault, Public Intoxication, and alcohol offenses involving minors. Would also allow for arrest if the offender creates a clear and immediate danger to the offender or the public, the failure to arrest would allow a continued breach of the peace, or the offender fails to promise to appear in court according to the citation.

Bill laid out at 4:09:10 into the hearing at the link below: http://tlchouse.granicus.com/MediaPlayer.php?view_id=44&clip_id=17122

Official Witness List: (Screen Shot attached) (Chris Jones only one to testify against) https://capitol.texas.gov/tlodocs/86R/witlistbill/html/HB02754H.htm

Chris Jones 4:18:20

4:30:30 Chaz Moore, Exec Director, Austin Justice Coalition Ended by saying, I’m going to go drink a beer with Rep. Pacheco (maybe that is why he is a co-author)

4:35:45 CJ Grisham Law calls them peace officers. Why would a peace officer come up here and talk about wanting to throw p eople in jail through violence through the threat of force for a Class C offense. Rambles on hating on cops. “I hope they can add this to their video as well.”

4:38:15 Scott Henson, “Just Liberty”

Time Line: 4/03/19 HB 482 Heard in Homeland Security/Public Safety

4/15/19 HB 2754 Heard in Criminal Jurisprudence

4/23/19 HB 2754 Voted out of Committee 6-3

5/07/19 10:30pm HB 2754 Considered in House on 2nd Reading, and passed to 3rd Reading on Voice Vote Voyeurism Amendment by White adopted Pacheco Amendment adopted – cite & release policy requirement only applies to enforcement agencies that routinely make arrests for criminal offenses. (Would exclude DA investigators, etc) Moody amendment adds cite & release policy for Class B marijuana offense - Tinderholt spoke against the amendment

VIDEO from 5/07/19:

https://www.youtube.com/embed/vT5rl0YvZPE?start=35504&modestbranding=1&r https://www.youtube.com/embed/vT5rl0YvZPE?start=35504&modestbranding=1&r https://www.youtube.com/embed/vT5rl0YvZPE?start=35504&modestbranding=1&r https://www.youtube.com/embed/vT5rl0YvZPE?start=35504&modestbranding=1&r https://www.youtube.com/embed/vT5rl0YvZPE?start=35504&modestbranding=1&r https://www.youtube.com/embed/vT5rl0YvZPE?start=35504&modestbranding=1&r https://www.youtube.com/embed/vT5rl0YvZPE?start=35504&modestbranding=1&r https://www.youtube.com/embed/vT5rl0YvZPE?start=35504&modestbranding=1&r https://www.youtube.com/embed/vT5rl0YvZPE?start=35504&modestbranding=1&r https://www.youtube.com/embed/vT5rl0YvZPE?start=35504&modestbranding=1&r https://www.youtube.com/embed/vT5rl0YvZPE?start=35504&modestbranding=1&r https://www.youtube.com/embed/vT5rl0YvZPE?start=35504&modestbranding=1&r https://www.youtube.com/embed/vT5rl0YvZPE?start=35504&modestbranding=1&r https://www.youtube.com/embed/vT5rl0YvZPE?start=35504&modestbranding=1&r

5/08/19 Chris Jones met with White at 8am on HB 2754 and he agreed to accept amendment that would allow for arrest if officers were not able to identify a suspect.

12:24pm HB 2754 -Third reading amendment adopted without objection -Lang asked questions from back mic about the 3 exceptions. -Thiery then starts asking questions about providing appropriate identification. White makes the case that if the officer has no idea who the person is, they can arrest. And explains that officers can do it now with or without identification. -HB 2754 passed 126/20

About 8:00pm -White makes motion to reconsider – adopted -White withdraws amendment adopted on 3rd reading. -Neveraz and Canales speak against the bill because they think it gives officers the ability to arrest someone because they “think” someone is not going to show up in court. But officers can do this now. -HB 2754 After concern raised by a number of D’s, bill failed 88/55

Video from 5/08/19: https://www.youtube.com/embed/LmZupTWwedQ?start=6666&modestbranding=1&re https://www.youtube.com/embed/LmZupTWwedQ?start=6666&modestbranding=1&re https://www.youtube.com/embed/LmZupTWwedQ?start=6666&modestbranding=1&re https://www.youtube.com/embed/LmZupTWwedQ?start=6666&modestbranding=1&re https://www.youtube.com/embed/LmZupTWwedQ?start=6666&modestbranding=1&re https://www.youtube.com/embed/LmZupTWwedQ?start=6666&modestbranding=1&re https://www.youtube.com/embed/LmZupTWwedQ?start=6666&modestbranding=1&re https://www.youtube.com/embed/LmZupTWwedQ?start=6666&modestbranding=1&re https://www.youtube.com/embed/LmZupTWwedQ?start=6666&modestbranding=1&re https://www.youtube.com/embed/LmZupTWwedQ?start=6666&modestbranding=1&re https://www.youtube.com/embed/LmZupTWwedQ?start=6666&modestbranding=1&re https://www.youtube.com/embed/LmZupTWwedQ?start=6666&modestbranding=1&re https://www.youtube.com/embed/LmZupTWwedQ?start=6666&modestbranding=1&re

Bill first brought up at 1:51:07 Brought back up at 8:43:57 in the video.

5/10/19 HB 2754 Coleman makes and speaks on motion to reconsider, Lang/Tinderholt speak against (Motion Failed 70 to 37 after verification) VIDEO from 5/10/19: https://www.youtube.com/embed/Ba64X38fVV4?start=11395&modestbranding=1&r https://www.youtube.com/embed/Ba64X38fVV4?start=11395&modestbranding=1&r https://www.youtube.com/embed/Ba64X38fVV4?start=11395&modestbranding=1&r https://www.youtube.com/embed/Ba64X38fVV4?start=11395&modestbranding=1&r https://www.youtube.com/embed/Ba64X38fVV4?start=11395&modestbranding=1&r https://www.youtube.com/embed/Ba64X38fVV4?start=11395&modestbranding=1&r https://www.youtube.com/embed/Ba64X38fVV4?start=11395&modestbranding=1&r https://www.youtube.com/embed/Ba64X38fVV4?start=11395&modestbranding=1&r https://www.youtube.com/embed/Ba64X38fVV4?start=11395&modestbranding=1&r https://www.youtube.com/embed/Ba64X38fVV4?start=11395&modestbranding=1&r https://www.youtube.com/embed/Ba64X38fVV4?start=11395&modestbranding=1&r https://www.youtube.com/embed/Ba64X38fVV4?start=11395&modestbranding=1&r https://www.youtube.com/embed/Ba64X38fVV4?start=11395&modestbranding=1&r https://www.youtube.com/embed/Ba64X38fVV4?start=11395&modestbranding=1&r

Bill History: 05-10-19 H Motion to reconsider the vote by which HB 2754 failed to
pass on May 8, 2019 failed on a verified vote of Y:70 N:37

HB 3464   Hinojosa, Gina Relating to civil service commission hearings for certain disciplinary actions against police officers in certain municipalities.
Remarks: OPPOSED: Exempts certain disciplinary procedures in civil service from being changed in meet & confer. RO:RO/CBW spoke with staffer about opposition 3/18/19.

VIDEO: http://tlchouse.granicus.com/MediaPlayer.php?view_id=44&clip_id=17291 Scroll to: 48:38

4/24/19 House Urban Affairs Committee Witness list not available online Rep. Hinojosa laid out the bill. Bill to give a thirty-day notice to witnesses and survivors of police abuse to give testimony against the officer. Witnesses from Video: - Matt Wallace, (Self) FOR I was a victim of police brutality gave support to citizen participation in police abuse review. - Chris Harris (Just Liberty) FOR Disciplinary process for police officers stacked in favor of the officer. Officers investigating officers. Officers appeal and prevail. 2007-2012 HPD 2/3rds of appeals downgraded or overturned. People who are victimized have the ability to participate in the process. - Chaz Moore (Austin Justice Coalition) FOR Disciplinary appeals process erodes the relationship between peace officers and the general public. In 2008-2012 found that among the cases where outcome was apparent approximately 40% were overturned. Gives the victims the right to gather evidence and participate. - Chris Jones (CLEAT) AGAINST We have been battling Austin Justice Coalition and Just Liberty all year blasting the law enforcement profession. We are for accountability and transparency. Body cams show more correct conduct than misconduct. What we are against taking one or two isolated cases and come up here and paint a picture of law enforcement being the enemy and that is not the case. What we have done is forge a relationship with our communities through meet & confer that allows each City and the association to meet and come up with things that work them in that community instead of coming down here every session and filing hundreds of civil service bills, which was the case before 2005. Austin example how it works. So process is working. What we are seeing what they want to do is to take a case, take misinformation, put it on social media, blast this case, then fire them without any due process and that is what they are trying to do with this bill and that we are against it. Shaheen asked about notification requirements of the hearings. Are hearings public, “yes”. Different procedures in the cities affected. Jones “What this bill does do, is it supersedes what has been worked out locally and it doesn’t allow the disciplinary process to be tweaked for what works in a specific community. Shaheen “the bill provides an avenue for the individual that is involved in the altercation with law enforcement to provide documentation in support of the allegation. Is there an investigative process Jones “Yes, and it is a very elaborate investigation process under civil service”. Shaheen “I don’t think I am tracking the opposition, can you help me” Jones “yes, it specifically prohibits the bargaining agreement or the meet & confer agreement from superseding the disciplinary process outlined in the bill”. Goodwin “so the two gentlemen testified that a high percentage of cases are being reduced or overturned, would you say that is correct?” Jones “I would say the cases are being decided based on the evidence and what we put in place years ago was a process to use the American Arbitration Association as an independent third party hearing examiner to hear this cases so that there is not bias on either side. And we use that arbitration process in some of the biggest things that this state does in finance, property, contracts and rely on them to being fair for all of the commerce we do in this state, and that’s what we use now to hear these appeals.” Explained the process. Open to the public. Evidence is presented on each side. Briefs submitted. Arbitrator then decides based on the evidence. Goodwin “are the victims able to present their side of the story”. Jones “Absolutely up to the city attorney or whoever is trying to prove up the police department case of misconduct. They can choose to put on any evidence necessary to support their case. There are two advocates, an advocate for the discipline imposed and a advocate for the officer. Each side gets to choose what evidence they put on”. Goodwin “so right now it is optional but the bill would make it so that they victim can choose to be there and present testimony” Jones “the attorney representing the department or the decision on the discipline would still need to evaluate the credibility of the witnesses and decide if they wanted to put them on. I can’t say in every case, because it depends on a case by case basis.” CLEAT only group to testify against (no local groups testified either)

Bill History: 04-25-19 H Committee action pending House Urban Affairs

HB 3757   Gonzalez, Jessica (F) Relating to a law enforcement policy regarding body worn cameras.
Remarks: OPPOSE: Would remove the guarantee now existing in the the law that allows officers to review video before giving a statement.
Bill History: 03-19-19 H Introduced and referred to committee on House Homeland Security and Public Safety

HB 3918   Dutton, Harold Relating to suits against certain governmental employees.
Remarks: OPPOSE: Allows suits against peace officers for assault, battery, false imprisonment, or any other tort.

CWJ: Met with Dutton's staff on 3/13/18.

Bill History: 05-01-19 H Reported favorably from committee on House Judiciary and Civil Jurisprudence

HB 4041   Toth, Steve Relating to prohibiting the enforcement of certain federal laws.
Remarks: OPPOSE: Creates new Penal Code provision that would make it a crime to enforce certain federal laws. Opposed to any new crime that would expose peace officers to the political consequences of determining whether or not to enforce existing statutes.
Bill History: 04-17-19 H Not heard in committee House State Affairs

HB 4337   Bohac, Dwayne Relating to positions designated as exempt from sheriff's department civil service systems in certain counties.
Remarks: OPPOSED: Changes exempt positions in Sheriff's Departments. Raises positions to 12 for counties with a population of 900, 000 or less. In counties with 900,000 or more, the sheriff can designate any position deemed as a specialist as exempt and total positions are raised from 15 to 30 in a county with 3 million or more. Meet & Confer would allow each county to negotiate this provision.

VIDEO: http://tlchouse.granicus.com/MediaPlayer.php?view_id=44&clip_id=17292 Scroll to: 1:09:10

4/25/19 House County Affairs Committee

Witness List: https://capitol.texas.gov/tlodocs/86R/witlistbill/html/HB04337H.htm - Brian Hawthorne (Sheriff’s Association of Texas) FOR Speaking for Sheriff Wayborn who had to leave. Would allow sheriff to put in their own leadership team based on the size of the county. - Chris Jones (CLEAT) AGAINST – Did not testify - Charley Wilkinson, CLEAT, AGAINST The bill would undermine the contracts that exist together in Bexar and El Paso and other places. And for other places it would still away that right for the future. CLEAT was the only group to testify AGAINST (TMPA did sign up against)

Bill History: 05-13-19 H Recommended for Local and Consent Calendar

HB 4339   Bohac, Dwayne Relating to the authority of certain counties to use an alternate work period for county peace officers.
Remarks: OPPOSE: Amends changes 157.022 limits on maximum hours a deputy can be required to work.

VIDEO: http://tlchouse.granicus.com/MediaPlayer.php?view_id=44&clip_id=17208 Scroll to 2:37:10

4/18/19 House County Affairs Committee

Witness List (also attached) https://capitol.texas.gov/tlodocs/86R/witlistbill/html/HB04339H.htm

Bohac lays out his bill and states that FSLA regulates work period, maximum hours and overtime and comp. Normally 40 hours per week before overtime, but public employers can change to a 28 day work schedule for public safety. Special statute bars a county with more 1,000,000 from changing to a schedule that exceeds the number of hours worked by the majority of the other county employees. Hurts recruitment because they can’t work 12 hour shifts.

Witnesses on Video:

- Charles Eckert (Sheriffs Association of Texas) FOR Hurts recruiting because you can’t offer 12 hour shifts. But later admits that it will help them avoid paying overtime. - Charley Wilkison (CLEAT) AGAINST Would allow Harris County, Tarrant County and others to manipulate the work hours to avoid having to pay overtime to their peace officers. It would have a statewide impact and circumvent the current law. Harris County has a sever staffing problem and are working people on overtime every shift on every day. This bill would allow the county to work peace officers more hours in a work week and avoid paying them overtime for those hours if they reduced their hours later during the 28 day work cycle. This practice is called flexing. It would allow the county to disrupt the officers lives by changing their schedules at wills without compensation. If someone called off work, it would allow them to hold someone over for the extra shift and not pay them overtime if they gave them another day off during the 28 day cycle. Chapter 157 was enacted specifically to prohibit that. It would also impact contracts already in place in Bexar and El Paso.

THE STOCKHOLM EFFECT IS IN PLACE

CLEAT only group to testify against and no other group signed up against it

Bill History: 04-28-19 H Reported favorably from committee on House County Affairs

HB 4421   Goldman, Craig Relating to political advertising.
Remarks: OPPOSE: Would prohibit office holders from being held accountable in advertising for positions they take or actions they take while in office.
Bill History: 03-26-19 H Introduced and referred to committee on House Elections

HB 4571   Coleman, Garnet Relating to criminal justice.
Remarks: OPPOSE: Includes provision to limit consent searches and prohibit fine only arrests (Class C).
Bill History: 03-26-19 H Introduced and referred to committee on House Criminal Jurisprudence

HB 4587   Smithee, John Relating to optional annuity increases for certain retirees and beneficiaries of the Texas Municipal Retirement System and related distribution requirements.
Remarks: OPPOSED
Bill History: 03-26-19 H Introduced and referred to committee on House Pensions/Investments/Financial Servi

HJR 22   Reynolds, Ron Proposing a constitutional amendment to require the attorney general to appoint a special prosecutor to prosecute certain offenses that are committed by peace officers.
Remarks: OPPOSED: Requires Attorney General to appoint special prosecutor for all officer-involved injury or death.
Bill History: 02-11-19 H Introduced and referred to committee on House Criminal Jurisprudence

HJR 30   Burns, DeWayne Proposing a constitutional amendment to restrict the power of the legislature to mandate requirements on a municipality or county.
Remarks: OPPOSE: Would require an election to amend the constitution to prohibit the legislature from passing an law that is an unfunded mandate.
Bill History: 02-12-19 H Introduced and referred to committee on House State Affairs

SB 2   Bettencourt, Paul
Burrows, Dustin
Relating to ad valorem taxation.
Remarks: OPPOSE: Hinders funding for public safety. Prevents long term planning associated with multi-year agreements. SB 2 - CBW Testified against 2/6/19. HB 2 - Signed up against 2/27/19. FINAL VERSION: Included Section 119 that seeks to protect existing contracts and compensation: SECTION 119. (a) In this section: (1) "Compensation" includes a salary, wage, insurance benefit, retirement benefit, or similar benefit an employee receives as a condition of employment. (2) "First responder" has the meaning assigned by Section 504.019, Labor Code. (3) "Taxing unit" has the meaning assigned by Section 1.04, Tax Code. (b) This section applies only to the fiscal year of a taxing unit that begins in 2020. (c) The governing body of a taxing unit may not adopt a budget for a fiscal year or take any other action that has the effect of decreasing the total compensation to which a first responder employed by the taxing unit was entitled in the preceding fiscal year of the taxing unit.
Bill History: 06-12-19 G Effective January 1, 2020, except section 92 effective
September 1, 2019, and multiple sections effective
September 1, 2020 and January 1, 2021. See history notes

SB 15   Creighton, Brandon Relating to the regulation by a municipality or county of certain employment benefits and policies.
Remarks: OPPOSE: Limits local control of labor issues not already regulated by the state. Though this applies to employee benefits regulated locally for private business, it could easily spill over to limit benefits for public employees.

SB 15: CBW signed up against on 2/28/19

Bill History: 04-08-19 S Placed on the Senate Calendar for

SB 126   West, Royce Relating to the establishment of one or more supplemental county civil service commissions in certain counties.
Remarks: OPPOSE: Amends Chapter 158 to provide for supplemental civil service commissions in counties with a population of 2 million or more (Dallas).

Bills by Neave and West OPPOSED last session.

Bill History: 02-01-19 S Introduced and referred to committee on Senate State Affairs

SB 247   Hinojosa, Chuy Relating to criminal asset forfeiture proceedings.
Remarks: OPPOSE: Changes standard for seizure from preponderance of the evidence, to "clear and convincing" evidence. Limits transfer of seized assets to federal government.
Bill History: 02-07-19 S Introduced and referred to committee on Senate Criminal Justice

SB 294   Lucio, Eddie Relating to abolishing the death penalty.
Bill History: 02-07-19 S Introduced and referred to committee on Senate Criminal Justice

SB 332   West, Royce Relating to preventing racial profiling and to video and audio equipment and recordings of certain law enforcement motor vehicle stops.
Remarks: OPPOSE: Does not include provisions related to "law enforcement purpose" and the right to view the video before being required to give a statement.

Video: http://tlcsenate.granicus.com/MediaPlayer.php?view_id=45&clip_id=14047 Scroll to 1:15:20

Witness List not available online

3/26/19 Senate Criminal Justice Committee Sen. West purpose of the bill to make certain same laws apply to body cameras apply to dash cameras. Obviously there still needs to be some work done on the bill. Witnesses on Video: - Nick Hudson (ACLU TX) FOR He requested a one word change in the committee sub. He wanted the word "and" changed to "or." - Chris Harris (Just Liberty) ON the bill He wanted the public release of dash and body cams to continue. He believes people should have access to the videos. - Chris Jones (CLEAT) Against the filed bill. Changed to ON Jones said the body cam footage has been "advantageous." Video is better. The footage shows good conduct more than bad conduct. Problem with consistency. Two sets of rule are a problem. All of the video need to be handled in the same manner. Ray Hunt was the only other person from labor to sign up.

The point of this bill being listed is that West and others said it was their desire to provide consistency of how body cam and dash cam video are handled and that the same rules apply. But it was clear that when we were forced to meet with Chaz Moore, Scott Henson and Chris Harris, that they in fact were seeking substantive changes on how body and dash cam video is handled now, mainly with the ability to request video through open records requests. We would not agree to those changes.

Bill History: 03-26-19 S Committee action pending Senate Criminal Justice

SB 363   Watson, Kirk Relating to access to certain controlled substance prescription information.
Remarks: OPPOSE: Prohibits law enforcement access to official prescription information without a warrant, subpoena or court order. Currently DPS has access to prescription information through an electronic portal maintained by DPS with information provided by the Pharmacy Board. The bill repeals the provisions in 481.076, Health & Safety Code that authorizes the exchange of this information.
Bill History: 05-01-19 H Committee action pending House Homeland Security and Public Safety

SB 433   Hinojosa, Chuy Relating to the disclosure restrictions on personnel files of police officers of municipalities that have adopted certain civil service laws.
Remarks: OPPOSE: Separates police from fire on how personnel files are handled in civil service and opens police files up to the public. RO: RO/CBW informed staffer of opposition 3/19/19. Met on Senator's request 4/2/19.
Bill History: 02-14-19 S Introduced and referred to committee on Senate Criminal Justice

SB 651   West, Royce Relating to the charging instrument in the prosecution of the offense of resisting arrest.
Remarks: OPPOSE: Back door attempt to attack the validity of the resisting charge if the underlying offense is dismissed or invalid. The law already provides that it is offense even if the arrest is unlawful.

HB 521 CWJ: Testified against on 3/4/19.

Bill History: 03-01-19 S Introduced and referred to committee on Senate Criminal Justice

SB 680   Fallon, Pat (F) Relating to the maximum service retirement annuity for members of public retirement systems.
Remarks: OPPOSE: Sets limits on the maximum amount of retirement benefits. Applies to future employees only. Tied to gross salary of a member of the U.S. Armed Services Pay Grade O-10.
Bill History: 03-01-19 S Introduced and referred to committee on Senate State Affairs

SB 762   Campbell, Donna Relating to wages and employment benefits.
Remarks: OPPOSED: Prohibits a City or County from adopted or enforcing a ordinance or rule that requires an employer to provide employment benefits.
Bill History: 04-12-19 S Removed from hearing 04/15/19 Senate State Affairs

SB 782   West, Royce Relating to a law enforcement policy regarding a peace officer accessing a recording from the officer's body worn camera.
Remarks: OPPOSE: Would limit officer to only seeing their own video before giving a statement instead of all video available.

SB 782: CWJ met with Senator West on 2/28/19.

Bill History: 03-01-19 S Introduced and referred to committee on Senate Criminal Justice

SB 815   Rodriguez, Jose
Moody, Joe
Relating to the creation and preservation of certain records of criminal proceedings.
Remarks: Opposed to this bill when Class C arrest amendment was added on House floor. Amendment was removed in conference committee.

5/20/19 9:20pm SB 815 heard on 2nd reading on the House floor. Amendment offers amendment to add fine only arrest amendment. Does not prohibit class C arrest, document why arrest is necessary for public safety. 2nd reading VIDEO: https://www.youtube.com/embed/51uD60SoOtE?start=594&modestbranding=1&rel https://www.youtube.com/embed/51uD60SoOtE?start=594&modestbranding=1&rel https://www.youtube.com/embed/51uD60SoOtE?start=594&modestbranding=1&rel https://www.youtube.com/embed/51uD60SoOtE?start=594&modestbranding=1&rel https://www.youtube.com/embed/51uD60SoOtE?start=594&modestbranding=1&rel https://www.youtube.com/embed/51uD60SoOtE?start=594&modestbranding=1&rel https://www.youtube.com/embed/51uD60SoOtE?start=594&modestbranding=1&rel https://www.youtube.com/embed/51uD60SoOtE?start=594&modestbranding=1&rel https://www.youtube.com/embed/51uD60SoOtE?start=594&modestbranding=1&rel https://www.youtube.com/embed/51uD60SoOtE?start=594&modestbranding=1&rel https://www.youtube.com/embed/51uD60SoOtE?start=594&modestbranding=1&rel https://www.youtube.com/embed/51uD60SoOtE?start=594&modestbranding=1&rel Passed to 3rd reading without objection.

5/21/19 12:42pm SB 815 laid out on 3rd reading. - Rep. Phil King starts asking questions from the back mic about amendment that went on. Moody - nothing in the amendment strips an officer of discretion in the field, they can make those arrests. The conduct we are trying to curb is doing this for no good reasons whatsoever, the sanction at the magistrate level under the amendment is if there is a not a clear and present danger and you don’t have any articulable facts to that, then the case is dismissed. And no discretion at the road side is cut off whatsoever. - Rep. King discusses a number of examples where officers may use class c arrest authority. - Asks, how do you define clear and present danger. - Asks about refusal to sign the promise to appear. Or they will sign it but the person doesn’t have an ID. Moody you have “Fail to ID” (but that is a class c also) and then he says a refusal to sign does not relieve the person of the requirement to appear in court and if they don’t a warrant will be issued. - Moody offers an amendment – addresses question raised by King about someone who refuses to sign, case would not be dismissed. - Rep. Lang asks questions from the back mic about the amendment. If an officer arrested someone and could not convince a magistrate that the person was a clear and present danger, then they would be let go. - Rep. Lang asks if the state is creating public policy for each department. - Moody – if there is not a justifiable reason for the arrest, the you don’t get to go forward with that case. - Rep. King speaks against the bill. Mr. Moody is working on a problem that is an issue, but what he is trying to address here is fixing it in the wrong way and it creates a lot of problems in the law enforcement world. We have way too many people sitting in jails on class c misdemeanors, the vast majority of them received tickets and they didn’t pay it so a judge issued a warrant for their arrest. A much, much smaller number go to jail because of other offenses, drug paraphernalia, fighting in a bar, disorderly conduct, and you can’t give them a ticket because the crime is going to continue. The real way to fix it is the cost of traffic citations. Warrantless arrests are very rare and most departments strongly discourage them. What Mr. Moody is dealing with is when an officer pulls over somebody and they know the person is not telling him who they are or they refuse to sign the ticket, or they pull up to a bar fight and the fights over and they need to take them to jail because fights are going to continue if they don’t, or it’s criminal trespass, or it’s disturbing the peace. There are just times people need to go to jail. You just can’t leave them there. The concern about Mr. Moody’s amendment is that the officer has to put in the report that there is a clear and present danger and if they don’t the magistrate has to dismiss the charge. It is one thing to do what Mr. Moody wants to do which is reduce warrantless arrests, it’s another thing to say that because an officer didn’t articulate something correctly in a report that the person is found not guilty of something that they were very guilty of, they did get in a fight, they did expose themselves in public, they did commit a minor assault, they did criminally trespass, they needed to go to jail, but because there wasn’t a clear and present danger the case is dismissed. Amendment goes way too far. Wu argues with King over his position. King says we need a model policy on warrantless arrests and each department should adopt a policy. - Moody closes, says Fail to Id is a class B misdemeanor (it is class c unless the person has a warrant or previously convicted) Then brags how he has fought for law enforcement for my entire career. I am for the police. But I am not for unlimited police power. Good people are still people. People sometime make mistakes. People sometime let their emotions get the best of them. Sandra Bland would be alive today if they system would not allowed her ticket to become an arrest. SB 815 doesn’t prevent class C arrests, I wish it did, but we can’t get there with this bill. No one should be against transparency and accountability. - Bill fails to pass 70/74, 71/71 after verification.

1st Video on 3rd Reading: https://www.youtube.com/embed/w27Ete0sNPY?start=1148&modestbranding=1&re https://www.youtube.com/embed/w27Ete0sNPY?start=1148&modestbranding=1&re https://www.youtube.com/embed/w27Ete0sNPY?start=1148&modestbranding=1&re https://www.youtube.com/embed/w27Ete0sNPY?start=1148&modestbranding=1&re https://www.youtube.com/embed/w27Ete0sNPY?start=1148&modestbranding=1&re https://www.youtube.com/embed/w27Ete0sNPY?start=1148&modestbranding=1&re https://www.youtube.com/embed/w27Ete0sNPY?start=1148&modestbranding=1&re https://www.youtube.com/embed/w27Ete0sNPY?start=1148&modestbranding=1&re https://www.youtube.com/embed/w27Ete0sNPY?start=1148&modestbranding=1&re https://www.youtube.com/embed/w27Ete0sNPY?start=1148&modestbranding=1&re https://www.youtube.com/embed/w27Ete0sNPY?start=1148&modestbranding=1&re https://www.youtube.com/embed/w27Ete0sNPY?start=1148&modestbranding=1&re https://www.youtube.com/embed/w27Ete0sNPY?start=1148&modestbranding=1&re

05/21/19 10:39pm. SB 815 Reconsidered, - motion made by Four Price and passed without objection - Moody withdrew 3rd reading amendment. - Moody offers another amendment that he said broadens the language to include everything heard as an objection earlier. Breach of the peace, fail to identify, etc. - Amendment was adopted without objection. - Vote on final passage, Goldman can be heard from the chair “here we go again” - Bill passes 81/52, SB 815 finally passed with Speaker Bonnen clapping and smiling. Goldman emphasis SB 815 is “Finally” passed.

2nd Video of SB 815 on 3rd Reading: https://www.youtube.com/embed/GCwaJ0jLpBU?start=2531&modestbranding=1&re https://www.youtube.com/embed/GCwaJ0jLpBU?start=2531&modestbranding=1&re https://www.youtube.com/embed/GCwaJ0jLpBU?start=2531&modestbranding=1&re https://www.youtube.com/embed/GCwaJ0jLpBU?start=2531&modestbranding=1&re https://www.youtube.com/embed/GCwaJ0jLpBU?start=2531&modestbranding=1&re https://www.youtube.com/embed/GCwaJ0jLpBU?start=2531&modestbranding=1&re https://www.youtube.com/embed/GCwaJ0jLpBU?start=2531&modestbranding=1&re https://www.youtube.com/embed/GCwaJ0jLpBU?start=2531&modestbranding=1&re https://www.youtube.com/embed/GCwaJ0jLpBU?start=2531&modestbranding=1&re https://www.youtube.com/embed/GCwaJ0jLpBU?start=2531&modestbranding=1&re https://www.youtube.com/embed/GCwaJ0jLpBU?start=2531&modestbranding=1&re https://www.youtube.com/embed/GCwaJ0jLpBU?start=2531&modestbranding=1&re https://www.youtube.com/embed/GCwaJ0jLpBU?start=2531&modestbranding=1&re

5/25/19 Amendment is stripped in conference committee report

Bill History: 06-15-19 G Vetoed by the Governor

SB 944   Watson, Kirk
Capriglione, Giovanni
Relating to the public information law.
Remarks: WATCH: HB 147 amendment was added on House floor and was opposed by CLEAT. The amendment was removed in conference committee.

SB 944 on 2nd reading https://www.youtube.com/embed/fYDFHXe9j-w?start=506&modestbranding=1&rel https://www.youtube.com/embed/fYDFHXe9j-w?start=506&modestbranding=1&rel https://www.youtube.com/embed/fYDFHXe9j-w?start=506&modestbranding=1&rel https://www.youtube.com/embed/fYDFHXe9j-w?start=506&modestbranding=1&rel https://www.youtube.com/embed/fYDFHXe9j-w?start=506&modestbranding=1&rel https://www.youtube.com/embed/fYDFHXe9j-w?start=506&modestbranding=1&rel https://www.youtube.com/embed/fYDFHXe9j-w?start=506&modestbranding=1&rel https://www.youtube.com/embed/fYDFHXe9j-w?start=506&modestbranding=1&rel https://www.youtube.com/embed/fYDFHXe9j-w?start=506&modestbranding=1&rel https://www.youtube.com/embed/fYDFHXe9j-w?start=506&modestbranding=1&rel https://www.youtube.com/embed/fYDFHXe9j-w?start=506&modestbranding=1&rel https://www.youtube.com/embed/fYDFHXe9j-w?start=506&modestbranding=1&rel

10:00 into video Moody amendment I want to be 100% transparent about support and opposition. I have worked with most major police departments on compromise language, Houston, Dallas, Austin, and so on. Law enforcement there supports what is before you. I want to be clear, CLEAT remains opposed. For what policy reason, I don’t know because they refused to meet with me. If I take what they said in public testimony in State Affairs they were concerned that the original bill opened the IA records to broadly. We addressed that in the committee substitute.

So a couple of false narratives, we continued to communicate with Moody from the date of the hearing on 2/27/19 until the drafted a substitute and sent it to us on 3/25/19. We replied with questions and concerns and continued with e-mail dialogue for 3 more days until we realized they were not going to address our concerns and Charley replied we were still opposed and done talking.

Bill History: 09-01-19 G Earliest effective date

SB 957   Bettencourt, Paul
Paul, Dennis
Relating to voter approval of the issuance of certain obligations by municipalities to pay their unfunded liabilities to a public pension fund.
Remarks: OPPOSE: Requires voter approval to issue obligation bonds of $50 million or more.
Bill History: 04-18-19 H Reported favorably from committee on House Pensions/Investments/Financial Services

SB 1335   Bettencourt, Paul Relating to municipal control of certain local public retirement systems.
Remarks: OPPOSE: Allows local governments to supersede state retirement provision by adopting a resolution or ordinance.
Bill History: 03-07-19 S Introduced and referred to committee on Senate State Affairs

SB 1980   Hughes, Bryan
Leach, Jeff
Relating to direct campaign expenditures by political committees.
Remarks: OPPOSED:
Bill History: 05-18-19 H Reported favorably from committee on House Elections

SB 2010   Buckingham, Dawn Relating to a limitation on the authority to arrest a person for certain misdemeanors punishable by fine only.
Remarks: OPPOSE: Prohibits arrest for "fine only" (Class C) offense. RO: RO/CBW informed staffer of opposition 3/19/19.
Bill History: 03-21-19 S Introduced and referred to committee on Senate Criminal Justice

SB 2114   West, Royce
Collier, Nicole
Relating to certain duties of peace officers and law enforcement agencies concerning certain information subject to disclosure to a defendant.
Remarks: OPPOSED: Requires a law enforcement agency filing a criminal case to submit to the attorney representing the state a written statement by a peace officer employed by the agency acknowledging that all documents, items, and information in the possession of the agency that are required to be disclosed to the defendant in the case under Article 39.14(h) have been transmitted to the attorney representing the state. OPPOSE as filed. 4/10/19 negotiated changes that if adopted would allow us to SUPPORT. Bill amended without our changes, now OPPOSED.

Video: http://tlcsenate.granicus.com/MediaPlayer.php?view_id=45&clip_id=14200 Scroll to 43:05

4/10/19 Senate Criminal Justice Committee

Witnesses from Video: Sen. West laid out the bill. Law Enforcement not compelled to turn over exculpatory information. This bill will require law enforcement information to certify that they have turned over all exculpatory information. West explains the agreement that he had reached with us about changes to address our concerns regarding a peace officer having to submit a written statement that they have turned over the required information and sustained and adjudicated misconduct. - Chris Jones (CLEAT) AGAINST the filed bill to ON based on amendments we worked out right before the meeting. Brady material has been turned over to the DA’s for year. In an abundance of caution, the departments are turning over more material than less. And that’s good. But the problem is once that information gets to the DA the officer has no recourse to due process, to get their name off in the event the information was wrong, or in the event of an appeal that is ongoing over sustained misconduct, is it sustained after the appeal? So we had some real concerns, so if we get the language that we worked out with Sen. West on the final adjudication that not only fixes our problem but sends a message clearly to the departments on the information they need to be sending. CLEAT only group to testify about their concerns over Brady material and “Brady Lists”

West did not follow through with his agreement and the committee substitute didn’t contain our agreed to language. Prime example why negotiating a deal doesn’t mean another.

Bill History: 05-14-19 H Reported favorably from committee on House Criminal Jurisprudence

SB 2313   Zaffirini, Judith Relating to the authority of certain counties to use an alternate work period for county peace officers.
Remarks: OPPOSE: Amends changes 157.022 limits on maximum hours a deputy can be required to work.
Bill History: 03-21-19 S Introduced and referred to committee on Senate Criminal Justice

SJR 10   Buckingham, Dawn Proposing a constitutional amendment to restrict the power of the legislature to mandate requirements on a municipality or county.
Remarks: OPPOSE: Would require an election to amend the constitution to prohibit the legislature from passing an law that is an unfunded mandate.
Bill History: 02-07-19 S Introduced and referred to committee on Senate Business and Commerce


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