| 15 | | - | (1) "Fire fighter" means a paid employee of a |
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| 16 | | - | municipal fire department. |
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| 17 | | - | (2) "Investigation" means an administrative |
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| 18 | | - | investigation conducted by a municipality of alleged misconduct by |
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| 19 | | - | a fire fighter that could result in punitive action against the fire |
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| 20 | | - | fighter. |
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| 21 | | - | (3) "Punitive action" means a disciplinary |
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| 22 | | - | suspension, indefinite suspension, demotion in rank, reprimand, or |
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| 23 | | - | any combination of those actions. |
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| 24 | | - | (b) Notwithstanding Section 614.021(b), this section |
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| 25 | | - | applies to a fire fighter employed by a municipality regardless of |
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| 26 | | - | whether the municipality is covered by a meet and confer or |
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| 27 | | - | collective bargaining agreement under Chapter 143 or 174, Local |
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| 28 | | - | Government Code. |
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| 29 | | - | (c) In addition to the requirements of Section 614.023, a |
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| 30 | | - | municipality may not take punitive action against a fire fighter |
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| 31 | | - | unless an investigation has been conducted in accordance with |
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| 32 | | - | Section 143.123 or 143.312, Local Government Code, or other |
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| 33 | | - | applicable law. |
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| 34 | | - | (d) A municipality to which Section 143.123 or 143.312, |
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| 35 | | - | Local Government Code, or another substantially similar |
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| 36 | | - | investigation requirement does not apply shall adopt and comply |
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| 37 | | - | with procedures substantially identical to those required by |
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| 38 | | - | Section 143.312, Local Government Code. |
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| 14 | + | (1) "Emergency services district" means an emergency |
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| 15 | + | services district created under Chapter 775, Health and Safety |
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| 16 | + | Code. |
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| 17 | + | (2) "Fire fighter" means a paid employee of a |
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| 18 | + | municipal fire department or emergency services district who: |
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| 19 | + | (A) holds a position that requires substantial |
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| 20 | + | knowledge of fire fighting; |
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| 21 | + | (B) has met the requirements for certification by |
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| 22 | + | the Texas Commission on Fire Protection under Chapter 419, |
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| 23 | + | Government Code; and |
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| 24 | + | (C) performs a function listed in Section |
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| 25 | + | 143.003(4)(A). |
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| 26 | + | (3) "Investigation" means an administrative |
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| 27 | + | investigation, conducted by a municipality or an emergency services |
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| 28 | + | district, of alleged misconduct by a fire fighter that could result |
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| 29 | + | in punitive action against the fire fighter. |
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| 30 | + | (4) "Punitive action" has the meaning assigned by |
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| 31 | + | Section 143.312. |
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| 32 | + | (b) Except as provided by Subsection (e), Section 143.312 |
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| 33 | + | applies to the investigation of a fire fighter conducted by a |
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| 34 | + | municipality, other than a municipality to which Section 143.123 |
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| 35 | + | applies. For a municipality to which Chapter 143 does not apply, a |
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| 36 | + | violation of Section 143.312 may be considered as provided by |
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| 37 | + | Section 143.312(l) by the appropriate authority during any |
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| 38 | + | disciplinary appeal hearing provided by the municipality. |
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| 39 | + | (c) Except as provided by Subsection (e), Section 143.312 |
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| 40 | + | applies to the investigation of a fire fighter conducted by an |
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| 41 | + | emergency services district. For purposes of this subsection, a |
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| 42 | + | reference to a municipality or a municipal department head in |
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| 43 | + | Section 143.312 is considered to be a reference to the district or |
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| 44 | + | the official of the district responsible for the performance of the |
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| 45 | + | duty to which the provision applies. For purposes of Section |
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| 46 | + | 143.312(l), a violation of Section 143.312 may be considered as |
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| 47 | + | provided by Section 143.312(l) by the appropriate authority during |
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| 48 | + | any disciplinary appeal hearing provided by the district. |
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| 49 | + | (d) Except as provided by Subsection (e), a municipality to |
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| 50 | + | which Subsection (b) applies and an emergency services district may |
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| 51 | + | not take punitive action against a fire fighter unless an |
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| 52 | + | investigation has been conducted in substantial compliance with |
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| 53 | + | Section 143.312. |
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| 46 | | - | SECTION 2. Section 614.023(a), Government Code, is amended |
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| 47 | | - | to read as follows: |
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| 48 | | - | (a) A copy of a signed complaint against a law enforcement |
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| 49 | | - | officer of this state or a fire fighter, detention officer, county |
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| 50 | | - | jailer, or peace officer appointed or employed by a political |
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| 51 | | - | subdivision of this state shall be given to the officer or employee: |
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| 52 | | - | (1) within a reasonable time after the complaint is |
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| 53 | | - | filed; or |
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| 54 | | - | (2) for a municipal fire fighter, in accordance with |
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| 55 | | - | procedures adopted under Section 614.024(d). |
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| 56 | | - | SECTION 3. Section 614.024, Government Code, as added by |
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| 57 | | - | this Act, applies only to an investigation, as that term is defined |
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| 58 | | - | by that section, initiated by a municipality on or after the |
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| 61 | + | (f) To the extent that Subchapter B, Chapter 614, Government |
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| 62 | + | Code, applies and conflicts with this section, this section |
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| 63 | + | controls. |
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| 64 | + | SECTION 2. Section 180.008, Local Government Code, as added |
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| 65 | + | by this Act, applies only to an investigation of a fire fighter, as |
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| 66 | + | those terms are defined by that section, initiated by a |
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| 67 | + | municipality or emergency services district on or after the |
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