| 1 | 1 | | 83R21275 PAM-F |
|---|
| 2 | 2 | | By: Walle H.B. No. 2174 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 2174: |
|---|
| 4 | 4 | | By: Dutton C.S.H.B. No. 2174 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the investigation of firefighters in certain |
|---|
| 10 | 10 | | municipalities. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 143.123, Local Government Code, is |
|---|
| 13 | 13 | | amended by amending Subsection (e) and adding Subsection (e-1) to |
|---|
| 14 | 14 | | read as follows: |
|---|
| 15 | 15 | | (e) A person may not be assigned to conduct an investigation |
|---|
| 16 | 16 | | if the person is the complainant, the ultimate decisionmaker |
|---|
| 17 | 17 | | regarding disciplinary action, or a person who has any personal |
|---|
| 18 | 18 | | involvement regarding the alleged misconduct. A fire fighter or |
|---|
| 19 | 19 | | police officer who is the subject of an investigation has the right |
|---|
| 20 | 20 | | to inquire and, on inquiry, to be informed of the identities of each |
|---|
| 21 | 21 | | investigator participating in an interrogation of the fire fighter |
|---|
| 22 | 22 | | or police officer. Not later than the 30th day after the date that a |
|---|
| 23 | 23 | | complaint is received by the entity designated by the |
|---|
| 24 | 24 | | municipality's fire department to receive and investigate |
|---|
| 25 | 25 | | complaints against a fire fighter [an investigator], [the |
|---|
| 26 | 26 | | investigator must inform] the fire fighter must be notified in |
|---|
| 27 | 27 | | writing of the nature of the investigation and the name of each |
|---|
| 28 | 28 | | person who complained about the fire fighter, if known, concerning |
|---|
| 29 | 29 | | the matters under investigation unless: |
|---|
| 30 | 30 | | (1) a criminal investigation has been initiated as a |
|---|
| 31 | 31 | | result of the complaint; or |
|---|
| 32 | 32 | | (2) the disclosure of information concerning the name |
|---|
| 33 | 33 | | of the complainant or the matters under investigation would hinder |
|---|
| 34 | 34 | | a criminal investigation. |
|---|
| 35 | 35 | | (e-1) Notice under Subsection (e) may be provided by |
|---|
| 36 | 36 | | delivering the notice in person to the fire fighter or by sending |
|---|
| 37 | 37 | | the notice, certified mail, return receipt requested, addressed to |
|---|
| 38 | 38 | | the fire fighter at the last residence address shown by the records |
|---|
| 39 | 39 | | of the municipality. |
|---|
| 40 | 40 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 41 | 41 | | a complaint filed on or after September 1, 2013. A complaint filed |
|---|
| 42 | 42 | | before September 1, 2013, is governed by the law in effect when the |
|---|
| 43 | 43 | | complaint was filed, and the former law is continued in effect for |
|---|
| 44 | 44 | | that purpose. |
|---|
| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2013. |
|---|