By: Hamric H.B. No. 1959
73R3302 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain notice requirements under the municipal civil
1-3 service law.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143.1014, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 143.1014. Notice Requirement for Certain Meetings or
1-8 Hearings. <(a)> The department shall provide to a fire fighter or
1-9 police officer notice of the time and location of a meeting or
1-10 hearing <not later than the 48th hour before the hour on which the
1-11 meeting or hearing is held> if the meeting or hearing is:
1-12 (1) related to an internal departmental or other
1-13 municipal investigation of the fire fighter or police officer at
1-14 which the fire fighter or police officer is required or entitled to
1-15 be present, including an interrogation;
1-16 (2) related to a grievance filed by the fire fighter
1-17 or police officer under Sections 143.127 through 143.134; or
1-18 (3) an opportunity to respond to charges against the
1-19 fire fighter or police officer before the department terminates the
1-20 fire fighter's or police officer's employment.
1-21 <(b) A fire fighter or police officer may waive the notice
1-22 prescribed by this section.>
1-23 SECTION 2. Section 143.123(f), Local Government Code, is
1-24 amended to read as follows:
2-1 (f) Before an investigator may interrogate a fire fighter or
2-2 police officer who is the subject of an investigation, the
2-3 investigator must inform the fire fighter or police officer in
2-4 writing of the nature of the investigation and the name of each
2-5 person who complained about the fire fighter or police officer
2-6 concerning the matters under investigation. An investigator may
2-7 not conduct an interrogation of a fire fighter or police officer
2-8 based on a complaint by a complainant who is not a peace officer
2-9 unless the complainant verifies the complaint in writing before a
2-10 public officer who is authorized by law to take statements under
2-11 oath. In an investigation authorized under this subsection, an
2-12 investigator may interrogate a fire fighter or police officer about
2-13 events or conduct reported by a witness who is not a complainant
2-14 without disclosing the name of the witness. Before <Not later than
2-15 the 48th hour before the hour on which> an investigator begins to
2-16 interrogate a fire fighter or police officer regarding an
2-17 allegation based on a complaint, affidavit, or statement, the
2-18 investigator shall give the fire fighter or police officer a copy
2-19 of the affidavit, complaint, or statement. An interrogation may be
2-20 based on a complaint from an anonymous complainant if the
2-21 departmental employee receiving the anonymous complaint certifies
2-22 in writing, under oath, that the complaint was anonymous. This
2-23 subsection does not apply to an on-the-scene investigation that
2-24 occurs immediately after an incident being investigated if the
2-25 limitations of this subsection would unreasonably hinder the
2-26 essential purpose of the investigation or interrogation. If the
2-27 limitation would hinder the investigation or interrogation, the
3-1 fire fighter or police officer under investigation must be
3-2 furnished, as soon as practicable, a written statement of the
3-3 nature of the investigation, the name of each complaining party,
3-4 and the complaint, affidavit, or statement.
3-5 SECTION 3. Section 143.134(g), Local Government Code, is
3-6 amended to read as follows:
3-7 (g) A fire fighter or police officer who files a grievance
3-8 pursuant to Sections 143.127 through and including Section 143.134
3-9 is entitled to <48 hours> notice of any meeting or hearing
3-10 scheduled under Section 143.128(b), 143.129(b), 143.130(b), or
3-11 143.131(b). In the event that the fire fighter or police officer
3-12 is not given <48 hours advance> notice, the fire fighter's or
3-13 police officer's grievance shall be automatically sustained and no
3-14 further action may be had on the grievance.
3-15 SECTION 4. The changes in law made by this Act relating to
3-16 the notice a fire fighter or police officer in certain
3-17 municipalities is entitled to receive before certain
3-18 interrogations, meetings, or hearings do not apply to an
3-19 interrogation, meeting, or hearing conducted before the effective
3-20 date of this Act. Matters relating to an interrogation, meeting,
3-21 or hearing conducted before the effective date of this Act are
3-22 governed by the law on the required notice in effect on the date
3-23 that the interrogation, meeting, or hearing was conducted, and the
3-24 former law is continued in effect for that purpose.
3-25 SECTION 5. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended,
4-3 and that this Act take effect and be in force from and after its
4-4 passage, and it is so enacted.