85R18557 JCG-D
By: Nevárez H.B. No. 2351
Substitute the following for H.B. No. 2351:
By: Alvarado C.S.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
REQUIRED. (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 Subsection (e), Section 143.312
applies to the investigation of a fire fighter conducted by a
municipality, other than 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) Except as provided by Subsection (e), 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) Except as provided by Subsection (e), a municipality to
which Subsection (b) applies and an emergency services district may
not take punitive action against a fire fighter unless an
investigation has been conducted in substantial compliance with
Section 143.312.
(e) This section does not apply to the investigation of a
fire fighter that directly relates to the facts and circumstances
of an offense for which the fire fighter has been convicted that:
(1) involves family violence, as defined by Section
71.004, Family Code; and
(2) is punishable as a felony or Class A or Class B
misdemeanor.
(f) 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.