By Gallegos S.B. No. 904
75R4361 MLS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the investigation of fire fighters and police officers
1-3 in certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 143, Local Government Code,
1-6 is amended by adding Section 143.058 to read as follows:
1-7 Sec. 143.058. INVESTIGATION OF FIRE FIGHTERS AND POLICE
1-8 OFFICERS. (a) In this section:
1-9 (1) "Complainant" means a person claiming to be the
1-10 victim of misconduct by a fire fighter or police officer.
1-11 (2) "Investigation" means an administrative
1-12 investigation, conducted by the municipality, of alleged misconduct
1-13 by a fire fighter or police officer that could result in punitive
1-14 action against that person.
1-15 (3) "Investigator" means an agent or employee of the
1-16 municipality who is assigned to conduct an investigation.
1-17 (4) "Normally assigned working hours" includes those
1-18 hours during which a fire fighter or police officer is actually at
1-19 work or at the person's assigned place of work, but does not
1-20 include any time when the person is off duty on authorized leave,
1-21 including sick leave.
1-22 (5) "Punitive action" means a disciplinary suspension,
1-23 indefinite suspension, demotion in rank, written reprimand, or any
1-24 combination of those actions.
2-1 (b) An investigator may interrogate a fire fighter or police
2-2 officer who is the subject of an investigation only during the fire
2-3 fighter's or police officer's normally assigned working hours
2-4 unless:
2-5 (1) the seriousness of the investigation, as
2-6 determined by the fire fighter's or police officer's department
2-7 head or the department head's designee, requires interrogation at
2-8 another time; and
2-9 (2) the fire fighter or police officer is compensated
2-10 for the interrogation time on an overtime basis.
2-11 (c) The department head may not consider work time missed
2-12 from regular duties by a fire fighter or police officer due to
2-13 participation in the conduct of an investigation in determining
2-14 whether to impose a punitive action or in determining the severity
2-15 of a punitive action.
2-16 (d) An investigator may not interrogate a fire fighter or
2-17 police officer who is the subject of an investigation or conduct
2-18 any part of the investigation at that person's home without that
2-19 person's permission.
2-20 (e) A person may not be assigned to conduct an investigation
2-21 if the person is the complainant, the ultimate decision-maker
2-22 regarding disciplinary action, or a person who has any personal
2-23 involvement regarding the alleged misconduct. A fire fighter or
2-24 police officer who is the subject of an investigation has the right
2-25 to inquire and, on inquiry, to be informed of the identities of
2-26 each investigator participating in an interrogation of the fire
2-27 fighter or police officer.
3-1 (f) Before an investigator may interrogate a fire fighter or
3-2 police officer who is the subject of an investigation, the
3-3 investigator must inform the fire fighter or police officer in
3-4 writing of the nature of the investigation and the name of each
3-5 person who complained about the fire fighter or police officer
3-6 concerning the matters under investigation. An investigator may
3-7 not conduct an interrogation of a fire fighter or police officer
3-8 based on a complaint by a complainant who is not a peace officer
3-9 unless the complainant verifies the complaint in writing before a
3-10 public officer who is authorized by law to take statements under
3-11 oath. In an investigation authorized under this subsection, an
3-12 investigator may interrogate a fire fighter or police officer about
3-13 events or conduct reported by a witness who is not a complainant
3-14 without disclosing the name of the witness. Not later than the
3-15 48th hour before the hour on which an investigator begins to
3-16 interrogate a fire fighter or police officer regarding an
3-17 allegation based on a complaint, affidavit, or statement, the
3-18 investigator shall give the fire fighter or police officer a copy
3-19 of the affidavit, complaint, or statement. An interrogation may be
3-20 based on a complaint from an anonymous complainant if the
3-21 departmental employee receiving the anonymous complaint certifies
3-22 in writing, under oath, that the complaint was anonymous. This
3-23 subsection does not apply to an on-the-scene investigation that
3-24 occurs immediately after an incident being investigated if the
3-25 limitations of this subsection would unreasonably hinder the
3-26 essential purpose of the investigation or interrogation. If the
3-27 limitation would hinder the investigation or interrogation, the
4-1 fire fighter or police officer under investigation must be
4-2 furnished, as soon as practicable, a written statement of the
4-3 nature of the investigation, the name of each complaining party,
4-4 and the complaint, affidavit, or statement.
4-5 (g) An interrogation session of a fire fighter or police
4-6 officer who is the subject of an investigation may not be
4-7 unreasonably long. In determining reasonableness, the gravity and
4-8 complexity of the investigation must be considered. The
4-9 investigators shall allow reasonable interruptions to permit the
4-10 fire fighter or police officer to attend to personal physical
4-11 necessities.
4-12 (h) An investigator may not threaten a fire fighter or
4-13 police officer who is the subject of an investigation with punitive
4-14 action during an interrogation. An investigator may inform a fire
4-15 fighter or police officer that failure to truthfully answer
4-16 reasonable questions directly related to the investigation or to
4-17 fully cooperate in the conduct of the investigation may result in
4-18 punitive action.
4-19 (i) If prior notification of intent to record an
4-20 interrogation is given to the other party, either the investigator
4-21 or the fire fighter or police officer who is the subject of an
4-22 interrogation may record the interrogation.
4-23 (j) If an investigation does not result in punitive action
4-24 against a fire fighter or police officer but does result in a
4-25 written reprimand or an adverse finding or determination regarding
4-26 that person, the reprimand, finding, or determination may not be
4-27 placed in that person's personnel file unless the fire fighter or
5-1 police officer is first given an opportunity to read and sign the
5-2 document. If the fire fighter or police officer refuses to sign
5-3 the reprimand, finding, or determination, it may be placed in the
5-4 personnel file with a notation that the person refused to sign it.
5-5 A fire fighter or police officer may respond in writing to a
5-6 reprimand, finding, or determination that is placed in the person's
5-7 personnel file under this subsection by submitting a written
5-8 response to the department head not later than the 10th day after
5-9 the date the fire fighter or police officer is asked to sign the
5-10 document. The response shall be placed in the personnel file. A
5-11 fire fighter or police officer who receives a punitive action and
5-12 who elects not to appeal the action may file a written response as
5-13 prescribed by this subsection not later than the 10th day after the
5-14 date the person is given written notice of the punitive action from
5-15 the department head.
5-16 (k) If the department head or any investigator violates any
5-17 of the provisions of this section while conducting an
5-18 investigation, the municipality shall reverse any punitive action
5-19 taken under the investigation, including a reprimand, and any
5-20 information obtained during the investigation may not be introduced
5-21 into evidence in any proceeding against the fire fighter or police
5-22 officer.
5-23 (l) This section does not apply to a fire fighter or police
5-24 officer to whom Section 143.123 applies.
5-25 SECTION 2. This Act takes effect September 1, 1997, and
5-26 applies only to an investigation that occurs on or after the
5-27 effective date of this Act.
6-1 SECTION 3. The importance of this legislation and the
6-2 crowded condition of the calendars in both houses create an
6-3 emergency and an imperative public necessity that the
6-4 constitutional rule requiring bills to be read on three several
6-5 days in each house be suspended, and this rule is hereby suspended.