88R2088 DRS-F
By: Canales H.B. No. 1579
A BILL TO BE ENTITLED
AN ACT
relating to the investigation of municipal fire fighters in certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 614.021(b), Government Code, is amended
to read as follows:
(b) Except as provided by Section 614.024, this [This]
subchapter does not apply to a peace officer or fire fighter
appointed or employed by a political subdivision that is covered by
a meet and confer or collective bargaining agreement under Chapter
143 or 174, Local Government Code, if that agreement includes
provisions relating to the investigation of, and disciplinary
action resulting from, a complaint against a peace officer or fire
fighter, as applicable.
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 applicable under Section 614.024.
SECTION 3. 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 IN CERTAIN MUNICIPALITIES. (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) This section applies only to a municipality with a
population of 10,000 or more.
(c) 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.
(d) This section supersedes a conflicting provision in a
meet and confer or collective bargaining agreement.
(e) A meet and confer or collective bargaining agreement
under Chapter 143 or 174, Local Government Code, may impose
requirements for investigations in addition to those provided in
Section 143.123 or Sections 143.312(a)-(k), Local Government Code,
that do not conflict with the requirements of those sections.
(f) 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:
(1) Section 143.123 or Sections 143.312(a)-(k), Local
Government Code, or other applicable law, including the
requirements adopted under Subsection (g), if applicable; and
(2) any additional requirements imposed by a meet and
confer or collective bargaining agreement under Chapter 143 or 174,
Local Government Code.
(g) 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:
(1) procedures substantially identical to those
required by Sections 143.312(a)-(k), Local Government Code; and
(2) any additional procedures or requirements imposed
by a meet and confer or collective bargaining agreement under
Chapter 143 or 174, Local Government Code.
SECTION 4. (a) 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.
(b) Section 614.024(d), Government Code, as added by this
Act, applies only to an agreement entered into on or after the
effective date of this Act.
SECTION 5. This Act takes effect September 1, 2023.