Texas 2021 - 87th Regular

Texas House Bill HB1973 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Canales~~, Morales of Maverick~~ H.B. No. 1973
	1	+	By: Canales H.B. No. 1973
2	2
3	3
4	4		A BILL TO BE ENTITLED
5	5		AN ACT
6		-	relating to the investigation of municipal fire fighters in certain
7		-	municipalities.
	6	+	relating to the investigation of municipal fire fighters.
8	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	8		SECTION 1. Subchapter B, Chapter 614, Government Code, is
10	9		amended by adding Section 614.024 to read as follows:
11	10		Sec. 614.024. INVESTIGATION OF MUNICIPAL FIRE FIGHTERS
12		-	REQUIRED ~~IN CERTAIN MUNICIPALITIES~~. (a) In this section:
	11	+	REQUIRED. (a) In this section:
13	12		(1) "Fire fighter" means a paid employee of a
14	13		municipal fire department.
15	14		(2) "Investigation" means an administrative
16	15		investigation conducted by a municipality of alleged misconduct by
17	16		a fire fighter that could result in punitive action against the fire
18	17		fighter.
19	18		(3) "Punitive action" means a disciplinary
20	19		suspension, indefinite suspension, demotion in rank, reprimand, or
21	20		any combination of those actions.
22		-	(b) This section applies only to a municipality with a
23		-	population of 10,000 or more.
24		-	(c) Notwithstanding Section 614.021(b), this section
	21	+	(b) Notwithstanding Section 614.021(b), this section
25	22		applies to a fire fighter employed by a municipality regardless of
26	23		whether the municipality is covered by a meet and confer or
27	24		collective bargaining agreement under Chapter 143 or 174, Local
28	25		Government Code.
29		-	(d) This section supersedes a conflicting provision in a
30		-	meet and confer or collective bargaining agreement.
31		-	(e) A meet and confer or collective bargaining agreement
32		-	under Chapter 143 or 174, Local Government Code, may impose
33		-	requirements for investigations in addition to those provided in
34		-	Section 143.123 or Sections 143.312(a)-(k), Local Government Code,
35		-	that do not conflict with the requirements of those sections.
36		-	(f) In addition to the requirements of Section 614.023, a
	26	+	(c) In addition to the requirements of Section 614.023, a
37	27		municipality may not take punitive action against a fire fighter
38		-	unless an investigation has been conducted in accordance with:
39		-	(1) Section 143.123 or Sections 143.312(a)-(k), Local
40		-	Government Code, or other applicable law, including the
41		-	requirements adopted under Subsection (g), if applicable; and
42		-	(2) any additional requirements imposed by a meet and
43		-	confer or collective bargaining agreement under Chapter 143 or 174,
44		-	Local Government Code.
45		-	(g) A municipality to which Section 143.123 or 143.312,
	28	+	unless an investigation has been conducted in accordance with
	29	+	Section 143.123 or 143.312, Local Government Code, or other
	30	+	applicable law.
	31	+	(d) A municipality to which Section 143.123 or 143.312,
46	32		Local Government Code, or another substantially similar
47	33		investigation requirement does not apply shall adopt and comply
48		-	with:
49		-	(1) procedures substantially identical to those
50		-	required by Sections 143.312(a)-(k), Local Government Code; and
51		-	(2) any additional procedures or requirements imposed
52		-	by a meet and confer or collective bargaining agreement under
53		-	Chapter 143 or 174, Local Government Code.
	34	+	with procedures substantially identical to those required by
	35	+	Section 143.312, Local Government Code.
54	36		SECTION 2. Section 614.023(a), Government Code, is amended
55	37		to read as follows:
56	38		(a) A copy of a signed complaint against a law enforcement
57	39		officer of this state or a fire fighter, detention officer, county
58	40		jailer, or peace officer appointed or employed by a political
59	41		subdivision of this state shall be given to the officer or employee:
60	42		(1) within a reasonable time after the complaint is
61	43		filed; or
62	44		(2) for a municipal fire fighter, in accordance with
63		-	procedures applicable under Section 614.024.
64		-	SECTION 3. (a) Section 614.024, Government Code, as added
65		-	by this Act, applies only to an investigation, as that term is
66		-	defined by that section, initiated by a municipality on or after the
67		-	effective date of this Act.
68		-	(b) Section 614.024(d), Government Code, as added by this
69		-	Act, applies only to an agreement entered into on or after the
	45	+	procedures adopted under Section 614.024(d).
	46	+	SECTION 3. Section 614.024, Government Code, as added by
	47	+	this Act, applies only to an investigation, as that term is defined
	48	+	by that section, initiated by a municipality on or after the
70	49		effective date of this Act.
71	50		SECTION 4. This Act takes effect September 1, 2021.