By Dutton H.B. No. 2714
76R9080 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to investigatory and disciplinary interviews for certain
1-3 fire fighters.
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] REQUIREMENTS 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; or
1-21 (4) A meeting conducted to provide the fire fighter or
1-22 police officer notice of the department's decision concerning
1-23 disciplinary action.
1-24 (b) A fire fighter or police officer may waive the notice
2-1 prescribed by this section.
2-2 (c) A fire fighter who is provided notice of a meeting or
2-3 hearing in accordance with Subsection (a)(1), (a)(3) or (a)(4)
2-4 shall be entitled, upon request, to all documents related to the
2-5 internal departmental or other municipal investigation of the fire
2-6 fighter. Such documents shall be provided to the fire fighter not
2-7 later than the 48th hour before the hour on which the meeting or
2-8 hearing conducted under Subsection (a)(1), (a)(3) or (a)(4) is
2-9 held.
2-10 (d) A fire fighter who is the subject of a meeting conducted
2-11 under Subsection (a)(1), (a)(3) or (a)(4) is entitled to two
2-12 representatives at the meeting. The representatives:
2-13 (1) are not required to be attorneys;
2-14 (2) are entitled to be present to advise the fire
2-15 fighter;
2-16 (3) are entitled to present any evidence or
2-17 information for the fire fighter; and
2-18 (4) may not be prevented from fully participating in
2-19 the meeting.
2-20 SECTION 2. This Act takes effect September 1, 1999.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended,
2-26 and that this Act take effect and be in force according to its
2-27 terms, and it is so enacted.