85R223 TSR-D
By: Nevárez H.B. No. 2351
A BILL TO BE ENTITLED
AN ACT
relating to the investigation of fire fighters employed by certain
municipalities and districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 180, Local Government Code, is amended
by adding Section 180.008 to read as follows:
Sec. 180.008. INVESTIGATION OF CERTAIN FIRE FIGHTERS. (a)
In this section:
(1) "Emergency services district" means an emergency
services district created under Chapter 775, Health and Safety
Code.
(2) "Fire fighter" means a paid employee of a
municipal fire department or emergency services district who:
(A) holds a position that requires substantial
knowledge of fire fighting;
(B) has met the requirements for certification by
the Texas Commission on Fire Protection under Chapter 419,
Government Code; and
(C) performs a function listed in Section
143.003(4)(A).
(3) "Investigation" means an administrative
investigation, conducted by a municipality or an emergency services
district, of alleged misconduct by a fire fighter that could result
in punitive action against the fire fighter.
(4) "Punitive action" has the meaning assigned by
Section 143.312.
(b) Except as provided by this subsection, Section 143.312
applies to the investigation of a fire fighter conducted by a
municipality. This subsection does not apply to a municipality to
which Section 143.123 applies. For a municipality to which Chapter
143 does not apply, a violation of Section 143.312 may be considered
as provided by Section 143.312(l) by the appropriate authority
during any disciplinary appeal hearing provided by the
municipality.
(c) Section 143.312 applies to the investigation of a fire
fighter conducted by an emergency services district. For purposes
of this subsection, a reference to a municipality or a municipal
department head in Section 143.312 is considered to be a reference
to the district or the official of the district responsible for the
performance of the duty to which the provision applies. For
purposes of Section 143.312(l), a violation of Section 143.312 may
be considered as provided by Section 143.312(l) by the appropriate
authority during any disciplinary appeal hearing provided by the
district.
(d) To the extent that Subchapter B, Chapter 614, Government
Code, applies and conflicts with this section, this section
controls.
SECTION 2. Section 180.008, Local Government Code, as added
by this Act, applies only to an investigation of a fire fighter, as
those terms are defined by that section, initiated by a
municipality or emergency services district on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.