86R19495 SCL-D
By: Nevárez H.B. No. 1895
Substitute the following for H.B. No. 1895:
By: Button C.S.H.B. No. 1895
A BILL TO BE ENTITLED
AN ACT
relating to the investigation of municipal fire fighters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 614, Government Code, is
amended by adding Section 614.024 to read as follows:
Sec. 614.024. INVESTIGATION OF MUNICIPAL FIRE FIGHTERS
REQUIRED. (a) In this section:
(1) "Fire fighter" means a paid employee of a
municipal fire department.
(2) "Investigation" means an administrative
investigation conducted by a municipality of alleged misconduct by
a fire fighter that could result in punitive action against the fire
fighter.
(3) "Punitive action" means a disciplinary
suspension, indefinite suspension, demotion in rank, reprimand, or
any combination of those actions.
(b) Notwithstanding Section 614.021(b), this section
applies to a fire fighter employed by a municipality regardless of
whether the municipality is covered by a meet and confer or
collective bargaining agreement under Chapter 143 or 174, Local
Government Code.
(c) In addition to the requirements of Section 614.023, a
municipality may not take punitive action against a fire fighter
unless an investigation has been conducted in accordance with
Section 143.123 or 143.312, Local Government Code, or other
applicable law.
(d) A municipality to which Section 143.123 or 143.312,
Local Government Code, or another substantially similar
investigation requirement does not apply shall adopt and comply
with procedures substantially identical to those required by
Section 143.312, Local Government Code.
(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.
SECTION 2. Section 614.023(a), Government Code, is amended
to read as follows:
(a) A copy of a signed complaint against a law enforcement
officer of this state or a fire fighter, detention officer, county
jailer, or peace officer appointed or employed by a political
subdivision of this state shall be given to the officer or employee:
(1) within a reasonable time after the complaint is
filed; or
(2) for a municipal fire fighter, in accordance with
procedures adopted under Section 614.024(d).
SECTION 3. Section 614.024, Government Code, as added by
this Act, applies only to an investigation, as that term is defined
by that section, initiated by a municipality on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2019.