| 1 | 1 | | 88R2088 DRS-F |
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| 2 | 2 | | By: Canales H.B. No. 1579 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the investigation of municipal fire fighters in certain |
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| 8 | 8 | | municipalities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 614.021(b), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (b) Except as provided by Section 614.024, this [This] |
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| 13 | 13 | | subchapter does not apply to a peace officer or fire fighter |
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| 14 | 14 | | appointed or employed by a political subdivision that is covered by |
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| 15 | 15 | | a meet and confer or collective bargaining agreement under Chapter |
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| 16 | 16 | | 143 or 174, Local Government Code, if that agreement includes |
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| 17 | 17 | | provisions relating to the investigation of, and disciplinary |
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| 18 | 18 | | action resulting from, a complaint against a peace officer or fire |
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| 19 | 19 | | fighter, as applicable. |
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| 20 | 20 | | SECTION 2. Section 614.023(a), Government Code, is amended |
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| 21 | 21 | | to read as follows: |
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| 22 | 22 | | (a) A copy of a signed complaint against a law enforcement |
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| 23 | 23 | | officer of this state or a fire fighter, detention officer, county |
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| 24 | 24 | | jailer, or peace officer appointed or employed by a political |
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| 25 | 25 | | subdivision of this state shall be given to the officer or employee: |
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| 26 | 26 | | (1) within a reasonable time after the complaint is |
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| 27 | 27 | | filed; or |
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| 28 | 28 | | (2) for a municipal fire fighter, in accordance with |
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| 29 | 29 | | procedures applicable under Section 614.024. |
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| 30 | 30 | | SECTION 3. Subchapter B, Chapter 614, Government Code, is |
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| 31 | 31 | | amended by adding Section 614.024 to read as follows: |
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| 32 | 32 | | Sec. 614.024. INVESTIGATION OF MUNICIPAL FIRE FIGHTERS |
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| 33 | 33 | | REQUIRED IN CERTAIN MUNICIPALITIES. (a) In this section: |
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| 34 | 34 | | (1) "Fire fighter" means a paid employee of a |
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| 35 | 35 | | municipal fire department. |
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| 36 | 36 | | (2) "Investigation" means an administrative |
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| 37 | 37 | | investigation conducted by a municipality of alleged misconduct by |
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| 38 | 38 | | a fire fighter that could result in punitive action against the fire |
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| 39 | 39 | | fighter. |
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| 40 | 40 | | (3) "Punitive action" means a disciplinary |
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| 41 | 41 | | suspension, indefinite suspension, demotion in rank, reprimand, or |
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| 42 | 42 | | any combination of those actions. |
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| 43 | 43 | | (b) This section applies only to a municipality with a |
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| 44 | 44 | | population of 10,000 or more. |
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| 45 | 45 | | (c) Notwithstanding Section 614.021(b), this section |
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| 46 | 46 | | applies to a fire fighter employed by a municipality regardless of |
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| 47 | 47 | | whether the municipality is covered by a meet and confer or |
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| 48 | 48 | | collective bargaining agreement under Chapter 143 or 174, Local |
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| 49 | 49 | | Government Code. |
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| 50 | 50 | | (d) This section supersedes a conflicting provision in a |
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| 51 | 51 | | meet and confer or collective bargaining agreement. |
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| 52 | 52 | | (e) A meet and confer or collective bargaining agreement |
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| 53 | 53 | | under Chapter 143 or 174, Local Government Code, may impose |
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| 54 | 54 | | requirements for investigations in addition to those provided in |
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| 55 | 55 | | Section 143.123 or Sections 143.312(a)-(k), Local Government Code, |
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| 56 | 56 | | that do not conflict with the requirements of those sections. |
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| 57 | 57 | | (f) In addition to the requirements of Section 614.023, a |
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| 58 | 58 | | municipality may not take punitive action against a fire fighter |
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| 59 | 59 | | unless an investigation has been conducted in accordance with: |
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| 60 | 60 | | (1) Section 143.123 or Sections 143.312(a)-(k), Local |
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| 61 | 61 | | Government Code, or other applicable law, including the |
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| 62 | 62 | | requirements adopted under Subsection (g), if applicable; and |
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| 63 | 63 | | (2) any additional requirements imposed by a meet and |
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| 64 | 64 | | confer or collective bargaining agreement under Chapter 143 or 174, |
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| 65 | 65 | | Local Government Code. |
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| 66 | 66 | | (g) A municipality to which Section 143.123 or 143.312, |
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| 67 | 67 | | Local Government Code, or another substantially similar |
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| 68 | 68 | | investigation requirement does not apply shall adopt and comply |
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| 69 | 69 | | with: |
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| 70 | 70 | | (1) procedures substantially identical to those |
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| 71 | 71 | | required by Sections 143.312(a)-(k), Local Government Code; and |
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| 72 | 72 | | (2) any additional procedures or requirements imposed |
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| 73 | 73 | | by a meet and confer or collective bargaining agreement under |
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| 74 | 74 | | Chapter 143 or 174, Local Government Code. |
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| 75 | 75 | | SECTION 4. (a) Section 614.024, Government Code, as added |
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| 76 | 76 | | by this Act, applies only to an investigation, as that term is |
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| 77 | 77 | | defined by that section, initiated by a municipality on or after the |
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| 78 | 78 | | effective date of this Act. |
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| 79 | 79 | | (b) Section 614.024(d), Government Code, as added by this |
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| 80 | 80 | | Act, applies only to an agreement entered into on or after the |
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| 81 | 81 | | effective date of this Act. |
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| 82 | 82 | | SECTION 5. This Act takes effect September 1, 2023. |
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