| 1 | 1 | | 89R2786 DRS-F |
|---|
| 2 | 2 | | By: Canales H.B. No. 1677 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the investigation of municipal fire fighters in certain |
|---|
| 10 | 10 | | municipalities. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 614.021(b), Government Code, is amended |
|---|
| 13 | 13 | | to read as follows: |
|---|
| 14 | 14 | | (b) Except as provided by Section 614.024, this [This] |
|---|
| 15 | 15 | | subchapter does not apply to a peace officer or fire fighter |
|---|
| 16 | 16 | | appointed or employed by a political subdivision that is covered by |
|---|
| 17 | 17 | | a meet and confer or collective bargaining agreement under Chapter |
|---|
| 18 | 18 | | 143 or 174, Local Government Code, if that agreement includes |
|---|
| 19 | 19 | | provisions relating to the investigation of, and disciplinary |
|---|
| 20 | 20 | | action resulting from, a complaint against a peace officer or fire |
|---|
| 21 | 21 | | fighter, as applicable. |
|---|
| 22 | 22 | | SECTION 2. Section 614.023(a), Government Code, is amended |
|---|
| 23 | 23 | | to read as follows: |
|---|
| 24 | 24 | | (a) A copy of a signed complaint against a law enforcement |
|---|
| 25 | 25 | | officer of this state or a fire fighter, detention officer, county |
|---|
| 26 | 26 | | jailer, or peace officer appointed or employed by a political |
|---|
| 27 | 27 | | subdivision of this state shall be given to the officer or employee: |
|---|
| 28 | 28 | | (1) within a reasonable time after the complaint is |
|---|
| 29 | 29 | | filed; or |
|---|
| 30 | 30 | | (2) for a municipal fire fighter, in accordance with |
|---|
| 31 | 31 | | procedures applicable under Section 614.024. |
|---|
| 32 | 32 | | SECTION 3. Subchapter B, Chapter 614, Government Code, is |
|---|
| 33 | 33 | | amended by adding Section 614.024 to read as follows: |
|---|
| 34 | 34 | | Sec. 614.024. INVESTIGATION OF MUNICIPAL FIRE FIGHTERS |
|---|
| 35 | 35 | | REQUIRED IN CERTAIN MUNICIPALITIES. (a) In this section: |
|---|
| 36 | 36 | | (1) "Fire fighter" means a paid employee of a |
|---|
| 37 | 37 | | municipal fire department. |
|---|
| 38 | 38 | | (2) "Investigation" means an administrative |
|---|
| 39 | 39 | | investigation conducted by a municipality of alleged misconduct by |
|---|
| 40 | 40 | | a fire fighter that could result in punitive action against the fire |
|---|
| 41 | 41 | | fighter. |
|---|
| 42 | 42 | | (3) "Punitive action" means a disciplinary |
|---|
| 43 | 43 | | suspension, indefinite suspension, demotion in rank, reprimand, or |
|---|
| 44 | 44 | | any combination of those actions. |
|---|
| 45 | 45 | | (b) This section applies only to a municipality with a |
|---|
| 46 | 46 | | population of 10,000 or more. |
|---|
| 47 | 47 | | (c) Notwithstanding Section 614.021(b), this section |
|---|
| 48 | 48 | | applies to a fire fighter employed by a municipality regardless of |
|---|
| 49 | 49 | | whether the municipality is covered by a meet and confer or |
|---|
| 50 | 50 | | collective bargaining agreement under Chapter 143 or 174, Local |
|---|
| 51 | 51 | | Government Code. |
|---|
| 52 | 52 | | (d) This section supersedes a conflicting provision in a |
|---|
| 53 | 53 | | meet and confer or collective bargaining agreement. |
|---|
| 54 | 54 | | (e) A meet and confer or collective bargaining agreement |
|---|
| 55 | 55 | | under Chapter 143 or 174, Local Government Code, may impose |
|---|
| 56 | 56 | | requirements for investigations in addition to those provided in |
|---|
| 57 | 57 | | Section 143.123 or Sections 143.312(a)-(k), Local Government Code, |
|---|
| 58 | 58 | | that do not conflict with the requirements of those sections. |
|---|
| 59 | 59 | | (f) In addition to the requirements of Section 614.023, a |
|---|
| 60 | 60 | | municipality may not take punitive action against a fire fighter |
|---|
| 61 | 61 | | unless an investigation has been conducted in accordance with: |
|---|
| 62 | 62 | | (1) Section 143.123 or Sections 143.312(a)-(k), Local |
|---|
| 63 | 63 | | Government Code, or other applicable law, including the |
|---|
| 64 | 64 | | requirements adopted under Subsection (g), if applicable; and |
|---|
| 65 | 65 | | (2) any additional requirements imposed by a meet and |
|---|
| 66 | 66 | | confer or collective bargaining agreement under Chapter 143 or 174, |
|---|
| 67 | 67 | | Local Government Code. |
|---|
| 68 | 68 | | (g) A municipality to which Section 143.123 or 143.312, |
|---|
| 69 | 69 | | Local Government Code, or another substantially similar |
|---|
| 70 | 70 | | investigation requirement does not apply shall adopt and comply |
|---|
| 71 | 71 | | with: |
|---|
| 72 | 72 | | (1) procedures substantially identical to those |
|---|
| 73 | 73 | | required by Sections 143.312(a)-(k), Local Government Code; and |
|---|
| 74 | 74 | | (2) any additional procedures or requirements imposed |
|---|
| 75 | 75 | | by a meet and confer or collective bargaining agreement under |
|---|
| 76 | 76 | | Chapter 143 or 174, Local Government Code. |
|---|
| 77 | 77 | | SECTION 4. (a) Section 614.024, Government Code, as added |
|---|
| 78 | 78 | | by this Act, applies only to an investigation, as that term is |
|---|
| 79 | 79 | | defined by that section, initiated by a municipality on or after the |
|---|
| 80 | 80 | | effective date of this Act. |
|---|
| 81 | 81 | | (b) Section 614.024(d), Government Code, as added by this |
|---|
| 82 | 82 | | Act, applies only to an agreement entered into on or after the |
|---|
| 83 | 83 | | effective date of this Act. |
|---|
| 84 | 84 | | SECTION 5. This Act takes effect September 1, 2025. |
|---|