| 1 | 1 | | By: Nevárez, Canales (Senate Sponsor - Lucio) H.B. No. 2351 |
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| 2 | 2 | | (In the Senate - Received from the House May 3, 2017; |
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| 3 | 3 | | May 5, 2017, read first time and referred to Committee on |
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| 4 | 4 | | Intergovernmental Relations; May 17, 2017, reported favorably by |
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| 5 | 5 | | the following vote: Yeas 4, Nays 0, 1 present not voting; |
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| 6 | 6 | | May 17, 2017, sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to the investigation of fire fighters employed by certain |
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| 13 | 13 | | municipalities. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Chapter 180, Local Government Code, is amended |
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| 16 | 16 | | by adding Section 180.008 to read as follows: |
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| 17 | 17 | | Sec. 180.008. INVESTIGATION OF CERTAIN FIRE FIGHTERS |
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| 18 | 18 | | REQUIRED. (a) In this section: |
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| 19 | 19 | | (1) "Fire fighter" means a paid employee of a |
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| 20 | 20 | | municipal fire department who: |
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| 21 | 21 | | (A) holds a position that requires substantial |
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| 22 | 22 | | knowledge of fire fighting; |
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| 23 | 23 | | (B) has met the requirements for certification by |
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| 24 | 24 | | the Texas Commission on Fire Protection under Chapter 419, |
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| 25 | 25 | | Government Code; and |
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| 26 | 26 | | (C) performs a function listed in Section |
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| 27 | 27 | | 143.003(4)(A). |
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| 28 | 28 | | (2) "Investigation" means an administrative |
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| 29 | 29 | | investigation, conducted by a municipality, of alleged misconduct |
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| 30 | 30 | | by a fire fighter that could result in punitive action against the |
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| 31 | 31 | | fire fighter. |
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| 32 | 32 | | (3) "Punitive action" has the meaning assigned by |
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| 33 | 33 | | Section 143.312. |
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| 34 | 34 | | (b) Except as provided by Subsection (d), Section 143.312 |
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| 35 | 35 | | applies to the investigation of a fire fighter conducted by a |
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| 36 | 36 | | municipality, other than a municipality to which Section 143.123 |
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| 37 | 37 | | applies. For a municipality to which Chapter 143 does not apply, a |
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| 38 | 38 | | violation of Section 143.312 may be considered as provided by |
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| 39 | 39 | | Section 143.312(l) by the appropriate authority during any |
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| 40 | 40 | | disciplinary appeal hearing provided by the municipality. |
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| 41 | 41 | | (c) Except as provided by Subsection (d), a municipality to |
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| 42 | 42 | | which Subsection (b) applies may not take punitive action against a |
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| 43 | 43 | | fire fighter unless an investigation has been conducted in |
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| 44 | 44 | | substantial compliance with Section 143.312. |
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| 45 | 45 | | (d) This section does not apply to the investigation of a |
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| 46 | 46 | | fire fighter that directly relates to the facts and circumstances |
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| 47 | 47 | | of an offense for which the fire fighter has been convicted that: |
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| 48 | 48 | | (1) involves family violence, as defined by Section |
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| 49 | 49 | | 71.004, Family Code; and |
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| 50 | 50 | | (2) is punishable as a felony or Class A or Class B |
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| 51 | 51 | | misdemeanor. |
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| 52 | 52 | | (e) To the extent that Subchapter B, Chapter 614, Government |
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| 53 | 53 | | Code, applies and conflicts with this section, this section |
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| 54 | 54 | | controls. |
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| 55 | 55 | | SECTION 2. Section 180.008, Local Government Code, as added |
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| 56 | 56 | | by this Act, applies only to an investigation of a fire fighter, as |
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| 57 | 57 | | those terms are defined by that section, initiated by a |
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| 58 | 58 | | municipality on or after the effective date of this Act. |
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| 59 | 59 | | SECTION 3. This Act takes effect September 1, 2017. |
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| 60 | 60 | | * * * * * |
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