83R21275 PAM-F
By: Walle H.B. No. 2174
Substitute the following for H.B. No. 2174:
By: Dutton C.S.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, Local Government Code, is
amended by amending Subsection (e) and adding Subsection (e-1) 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 entity designated by the
municipality's fire department to receive and investigate
complaints against a fire fighter [an investigator], [the
investigator must inform] the fire fighter must be notified 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.
(e-1) Notice under Subsection (e) may be provided by
delivering the notice in person to the fire fighter or by sending
the notice, certified mail, return receipt requested, addressed to
the fire fighter at the last residence address shown by the records
of the municipality.
SECTION 2. The changes in law made by this Act apply 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.