83R9929 PAM-F
By: Walle H.B. No. 2174
A BILL TO BE ENTITLED
AN ACT
relating to the investigation of firefighters in certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 143.123(e), Local Government Code, is
amended to read as follows:
(e) A person may not be assigned to conduct an investigation
if the person is the complainant, the ultimate decisionmaker
regarding disciplinary action, or a person who has any personal
involvement regarding the alleged misconduct. A fire fighter or
police officer who is the subject of an investigation has the right
to inquire and, on inquiry, to be informed of the identities of each
investigator participating in an interrogation of the fire fighter
or police officer. Not later than the 30th day after the date that
a complaint is received by the municipality [an investigator], the
investigator assigned must inform the fire fighter in writing of
the nature of the investigation and the name of each person who
complained about the fire fighter, if known, concerning the matters
under investigation unless:
(1) a criminal investigation has been initiated as a
result of the complaint; or
(2) the disclosure of information concerning the name
of the complainant or the matters under investigation would hinder
a criminal investigation.
SECTION 2. Section 143.123(e), Local Government Code, as
amended by this Act, applies only to a complaint filed on or after
September 1, 2013. A complaint filed before September 1, 2013, is
governed by the law in effect when the complaint was filed, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.