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.