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.