By Torres                                       H.B. No. 2817

      75R6272 GJH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to investigations of firefighters and police officers in

 1-3     certain municipalities.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 143.123, Local Government Code, is

 1-6     amended by redesignating Subsection (k) as Subsection (l) and

 1-7     adding a new Subsection (k) to read as follows:

 1-8           (k)  A fire fighter or police officer who is the subject of

 1-9     an investigation is entitled on request to have a representative of

1-10     the fire fighter's or police officer's choice present during any

1-11     interrogation under this section.

1-12           (l)  If the department head or any investigator violates any

1-13     of the provisions of this section while conducting an

1-14     investigation, the municipality shall reverse any punitive action

1-15     taken pursuant to the investigation including a reprimand, and any

1-16     information obtained during the investigation shall be specifically

1-17     excluded from introduction into evidence in any proceeding against

1-18     the fire fighter or police officer.

1-19           SECTION 2.  Section 143.124, Local Government Code, is

1-20     amended by adding Subsection (g) to read as follows:

1-21           (g)  A fire fighter or police officer ordered to submit to a

1-22     polygraph under Subsection (f) is entitled on request to have a

1-23     representative of the fire fighter's or police officer's choice

1-24     present during the polygraph examination.

 2-1           SECTION 3.  The importance of this legislation and the

 2-2     crowded condition of the calendars in both houses create an

 2-3     emergency and an imperative public necessity that the

 2-4     constitutional rule requiring bills to be read on three several

 2-5     days in each house be suspended, and this rule is hereby suspended,

 2-6     and that this Act take effect and be in force from and after its

 2-7     passage, and it is so enacted.