By Talton                                       H.B. No. 3324

      75R3607 GJH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to civil service for 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.  Sections 143.015(a), (b), and (d), Local

 1-6     Government Code, are amended to read as follows:

 1-7           (a)  If a fire fighter or police officer is dissatisfied with

 1-8     any commission decision, the fire fighter or police officer may

 1-9     file a petition in district court asking that the decision be set

1-10     aside.  The petition must be filed within 10 days after the date

1-11     the final commission decision:

1-12                 (1)  is sent by certified mail and received by [to] the

1-13     fire fighter or police officer [by certified mail]; or

1-14                 (2)  is personally received by the fire fighter or

1-15     police officer or by that person's designee.

1-16           (b)  An appeal under this section is by trial de novo.  The

1-17     district court shall grant no deference to the commission's

1-18     decision.  The district court may grant any [the] appropriate legal

1-19     or equitable relief necessary to carry out the purposes of this

1-20     chapter.  The relief may include reinstatement or promotion with

1-21     back pay if an order of suspension, dismissal, or demotion is set

1-22     aside.

1-23           (d)  If the court finds for the fire fighter or police

1-24     officer, the court shall order the municipality to pay all [lost]

 2-1     wages that [to] the fire fighter or police officer would have

 2-2     received from the municipality had the municipality not suspended

 2-3     the fire fighter or police officer.

 2-4           SECTION 2.  Subchapter D, Chapter 143, Local Government Code,

 2-5     is amended by adding Section 143.058 to read as follows:

 2-6           Sec. 143.058.  FURNISHING OF DOCUMENTS OF INVESTIGATION.  (a)

 2-7     This section does not apply to an on-the-scene investigation that

 2-8     occurs immediately after an incident being investigated if the

 2-9     limitations of this section or of Section 143.123(f) would

2-10     unreasonably hinder the essential purpose of the investigation.

2-11           (b)  In a departmental investigation of a fire fighter or

2-12     police officer that may result in disciplinary action against the

2-13     fire fighter or police officer, including a suspension, an

2-14     indefinite suspension, or  a recommended demotion, the  department

2-15     head shall provide the fire fighter or police officer under

2-16     investigation with a copy of each affidavit, complaint, or witness

2-17     statement the department has obtained during the investigation not

2-18     later than the fifth day before the date the disciplinary action

2-19     occurs.  The department head shall provide the fire fighter or

2-20     police officer with a copy of the original  witness statement of a

2-21     witness who is not a complainant, except that the department head

2-22     may delete the name and other personal information of the witness

2-23     from the copy.

2-24           (c)  Forty-eight hours before an interrogation of a fire

2-25     fighter or police officer regarding an allegation based on a

2-26     complaint, affidavit, or witness statement, the investigator shall

2-27     give the fire fighter or police officer a copy of any complaint,

 3-1     affidavit, or witness statement in the investigator's possession.

 3-2     The investigator shall provide the fire fighter or police officer

 3-3     with a copy of the original witness statement of a witness who is

 3-4     not a complainant, except that the investigator may delete the name

 3-5     and other personal information of the witness from the copy.

 3-6           (d)  If Subsection (b) or (c) is violated, the municipality

 3-7     may not take a disciplinary action related to the investigation

 3-8     against the fire fighter or police officer or use any information

 3-9     obtained in the investigation in another disciplinary action

3-10     against the fire fighter or police officer.

3-11           (e)  The requirements of this section are cumulative of any

3-12     other requirement in this chapter.

3-13           SECTION 3.  Section 143.117(c), Local Government Code, is

3-14     amended to read as follows:

3-15           (c)  If the department head suspends a fire fighter or police

3-16     officer, the department head shall, within 120 hours after the fire

3-17     fighter or police officer is notified of the suspension, file the

3-18     [a] written statement and charges [of action]  with the commission.

3-19           SECTION 4.  Sections 143.119(b), (c), (d), and (e), Local

3-20     Government Code, are amended to read as follows:

3-21           (b)  If the department head suspends a fire fighter or police

3-22     officer, the department head shall, within 120 hours after the hour

3-23     of suspension, file a written statement and charges with the

3-24     commission giving the reasons for the suspension.  The department

3-25     head, or the department head's designee, shall immediately deliver

3-26     a copy of the written statement and charges [in person] to the

3-27     suspended fire fighter or police officer.

 4-1           (c)  The copy of the written statement and charges must

 4-2     inform the suspended fire fighter or police officer that if the

 4-3     person wants to appeal to the commission, the person must file a

 4-4     written appeal with the commission within 10 days after the date

 4-5     the person receives the copy of the written statement and charges.

 4-6           (d)  The written statement and charges filed by the

 4-7     department head with the commission must point out the civil

 4-8     service rule alleged to have been violated by the suspended fire

 4-9     fighter or police officer and must describe the alleged acts of the

4-10     person that the department head contends are in violation of the

4-11     civil service rules.  It is not sufficient for the department head

4-12     merely to refer to the provisions of the rules alleged to have been

4-13     violated.

4-14           (e)  If the department head does not specifically point out

4-15     in the written statement and charges the act or acts of the fire

4-16     fighter or police officer that allegedly violated civil service

4-17     rules, the commission shall promptly reinstate the person.

4-18           SECTION 5.  Sections 143.120(f) and (g), Local Government

4-19     Code, are amended to read as follows:

4-20           (f)  If the department head intentionally or knowingly

4-21     refuses, for at least 10 days, to obey an order to reinstate a fire

4-22     fighter or police officer, the municipality's chief executive or

4-23     governing body shall discharge the department head from employment

4-24     with the municipality.

4-25           (g)  If a department head [intentionally] refuses to obey a

4-26     lawful commission order of reinstatement, the commission may punish

4-27     the department head for contempt.  The commission has the same

 5-1     authority to punish for contempt as has a justice of the peace.

 5-2           SECTION 6.  Section 143.1215(a), Local Government Code, is

 5-3     amended to read as follows:

 5-4           (a)  If the commission, a hearing examiner, or a district

 5-5     court orders that a fire fighter or police officer suspended

 5-6     without pay be reinstated, the municipality shall, before the end

 5-7     of the second full pay period after the date the person is

 5-8     reinstated, repay to the fire fighter or police officer [person]

 5-9     all wages the fire fighter or police officer would have received

5-10     from the municipality had the municipality not suspended the fire

5-11     fighter or police officer [lost as a result of the suspension].

5-12           SECTION 7.  Section 143.123(a), Local Government Code, is

5-13     amended by amending Subdivision (1) and adding Subdivision (6) to

5-14     read as follows:

5-15                 (1)  "Complainant" means an individual alleging [a

5-16     person claiming to be the victim of] misconduct by a fire fighter

5-17     or police officer directed against the individual of which the

5-18     individual has direct personal knowledge.

5-19                 (6)  "Interrogation" means an order, request, or demand

5-20     by an investigator directing a fire fighter or police officer to

5-21     respond, verbally or in writing, to allegations of misconduct by

5-22     the fire fighter or police officer.

5-23           SECTION 8.  Sections 143.123(c), (f), and (k), Local

5-24     Government Code, are amended to read as follows:

5-25           (c)  The department head may not consider work time missed

5-26     from regular duties by a fire fighter or police officer due to

5-27     participation in the conduct of an investigation in determining

 6-1     whether to impose a punitive action or in determining the severity

 6-2     of a punitive action.  Participation in the conduct of an

 6-3     investigation includes a reasonable amount of time to confer with

 6-4     legal counsel regarding the investigation.

 6-5           (f)  In addition to the documents that must be provided under

 6-6     Section 143.058, before [Before] an investigator may interrogate a

 6-7     fire fighter or police officer who is the subject of an

 6-8     investigation, the investigator must inform the fire fighter or

 6-9     police officer in writing of the nature of the investigation and

6-10     the name of each complainant [person who complained about the fire

6-11     fighter or police officer concerning the matters under

6-12     investigation].  An investigator may not conduct an interrogation

6-13     of a fire fighter or police officer based on a complaint by a

6-14     complainant [who is not a peace officer] unless the complainant

6-15     verifies the complaint in writing before a public officer who is

6-16     authorized by law to take statements under oath.  [In an

6-17     investigation authorized under this subsection, an investigator may

6-18     interrogate a fire fighter or police officer about events or

6-19     conduct reported by a witness who is not a complainant without

6-20     disclosing the name of the witness.  Not later than the 48th hour

6-21     before the hour on which an investigator begins to interrogate a

6-22     fire fighter or police officer regarding an allegation based on a

6-23     complaint, affidavit, or statement, the investigator shall give the

6-24     fire fighter or police officer a copy of the affidavit, complaint,

6-25     or statement.]  An interrogation may be based on a complaint from

6-26     an anonymous complainant if the departmental employee receiving the

6-27     anonymous complaint certifies in writing, under oath, that the

 7-1     complaint was anonymous.  This subsection does not apply to an

 7-2     on-the-scene investigation that occurs immediately after an

 7-3     incident being investigated if the limitations of this subsection

 7-4     or of Section 143.058 would unreasonably hinder the essential

 7-5     purpose of the investigation or interrogation.  If the limitation

 7-6     would hinder the investigation or interrogation, the fire fighter

 7-7     or police officer under investigation must be furnished with, as

 7-8     soon as practicable, a written statement of the nature of the

 7-9     investigation, including the misconduct alleged;[,] the name of

7-10     each complaining party;[,] and each [the] complaint, affidavit, or

7-11     statement.

7-12           (k)  If the department head or any investigator violates any

7-13     of the provisions of this section while conducting an

7-14     investigation, the commission [municipality] shall reverse any

7-15     punitive action taken pursuant to the investigation including a

7-16     reprimand, and any information obtained during the investigation

7-17     shall be specifically excluded from introduction into evidence in

7-18     any proceeding against the fire fighter or police officer.  A

7-19     department head may not adopt, certify, or validate a complaint

7-20     that is not verified by the nonanonymous complainant or, if the

7-21     complaint is anonymous, certified in writing by the departmental

7-22     employee who received the anonymous complaint. An investigator

7-23     violates this section if the investigator conducts an interrogation

7-24     of a fire fighter or police officer based on a complaint by:

7-25                 (1)  a nonanonymous complainant who has not verified

7-26     the complaint in writing before a public officer authorized by law

7-27     to take statements under oath; or

 8-1                 (2)  an anonymous complainant if the departmental

 8-2     employee receiving the anonymous complaint has not certified in

 8-3     writing, under oath, that the complaint was anonymous.

 8-4           SECTION 9.  Section 143.128, Local Government Code, is

 8-5     amended by adding Subsection (f) to read as follows:

 8-6           (f)  If a meeting is not timely arranged under Subsection (b)

 8-7     or if a written response is not timely provided to  the fire

 8-8     fighter or police officer under Subsection (d), the grievance shall

 8-9     be upheld in its entirety without further processing of the

8-10     grievance.

8-11           SECTION 10.  Section 143.129, Local Government Code, is

8-12     amended by adding Subsection (e) to read as follows:

8-13           (e)  If a meeting is not timely arranged under Subsection (b)

8-14     or if a written response is not timely provided to the fire fighter

8-15     or police officer under Subsection (c), the grievance shall be

8-16     upheld in its entirety without further processing of the grievance.

8-17           SECTION 11.  Section 143.130, Local Government Code, is

8-18     amended by adding Subsection (f) to read as follows:

8-19           (f)  If a hearing is not timely arranged under Subsection (b)

8-20     or if written findings and a recommendation are not timely made

8-21     under Subsection (d), the grievance shall be upheld in its entirety

8-22     without further processing of the grievance.

8-23           SECTION 12.  Section 143.134(h), Local Government Code, is

8-24     amended to read as follows:

8-25           (h)  If the decision of the commission under Section 143.131

8-26     or the decision of a hearing examiner under Section 143.129 that

8-27     has become final is favorable to a fire fighter or police officer,

 9-1     the department head shall implement the relief granted to the fire

 9-2     fighter or police officer not later than the 10th calendar day

 9-3     after the date on which the decision was issued.  If the department

 9-4     head intentionally fails to implement the relief within the 10-day

 9-5     period, the municipality shall pay the fire fighter or police

 9-6     officer $1,000 for each day after the 10-day period that the

 9-7     decision is not yet implemented.

 9-8           SECTION 13.  This Act takes effect September 1, 1997, and

 9-9     applies only to an action taken in regard to a complaint filed on

9-10     or after the effective date of this Act.  An action taken in regard

9-11     to a complaint filed before the effective date of this Act is

9-12     governed by the law in effect on the day the complaint was filed,

9-13     and the former law is continued in effect for this purpose.

9-14           SECTION 14.  The importance of this legislation and the

9-15     crowded condition of the calendars in both houses create an

9-16     emergency and an imperative public necessity that the

9-17     constitutional rule requiring bills to be read on three several

9-18     days in each house be suspended, and this rule is hereby suspended.