78R7582 YDB-F
By: Bailey H.B. No. 2361
A BILL TO BE ENTITLED
AN ACT
relating to the investigation of a firefighter or police officer in
certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 143.123(f), Local Government Code, is
amended to read as follows:
(f) Not later than the 30th day after a complaint is
received by an investigator and before the [Before an] investigator
may interrogate a fire fighter or police officer who is the subject
of an investigation, the investigator must inform the fire fighter
or police officer in writing of the nature of the investigation and
the name of each person who complained about the fire fighter or
police officer concerning the matters under investigation. An
investigator may not conduct an interrogation of a fire fighter or
police officer based on a complaint by a complainant who is not a
peace officer unless the complainant verifies the complaint in
writing before a public officer who is authorized by law to take
statements under oath. In an investigation authorized under this
subsection, an investigator may interrogate a fire fighter or
police officer about events or conduct reported by a witness who is
not a complainant without disclosing the name of the witness. Not
later than the 48th hour before the hour on which an investigator
begins to interrogate a fire fighter or police officer regarding an
allegation based on a complaint, affidavit, or statement, the
investigator shall give the fire fighter or police officer a copy of
the affidavit, complaint, or statement. An interrogation may be
based on a complaint from an anonymous complainant if the
departmental employee receiving the anonymous complaint certifies
in writing, under oath, that the complaint was anonymous. This
subsection does not apply to an on-the-scene investigation that
occurs immediately after an incident being investigated if the
limitations of this subsection would unreasonably hinder the
essential purpose of the investigation or interrogation. If the
limitation would hinder the investigation or interrogation, the
fire fighter or police officer under investigation must be
furnished, as soon as practicable, a written statement of the
nature of the investigation, the name of each complaining party,
and the complaint, affidavit, or statement.
SECTION 2. This Act takes effect September 1, 2003, and
applies only to a complaint received by an investigator on or after
that date.