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By: Bailey (Senate Sponsor - Gallegos) H.B. No. 2361
(In the Senate - Received from the House May 1, 2003;
May 7, 2003, read first time and referred to Committee on
Intergovernmental Relations; May 16, 2003, reported favorably by
the following vote: Yeas 4, Nays 0; May 16, 2003, sent to printer.)
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(e), Local Government Code, is
amended to read as follows:
(e) A person may not be assigned to conduct an investigation
if the person is the complainant, the ultimate decisionmaker
regarding disciplinary action, or a person who has any personal
involvement regarding the alleged misconduct. A fire fighter or
police officer who is the subject of an investigation has the right
to inquire and, on inquiry, to be informed of the identities of each
investigator participating in an interrogation of the fire fighter
or police officer. Not later than the 30th day after the date that a
complaint is received by an investigator, 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, if known, concerning the
matters under investigation unless:
(1) a criminal investigation has been initiated as a
result of the complaint; or
(2) the disclosure of information concerning the name
of the complainant or the matters under investigation would hinder
a criminal investigation.
SECTION 2. This Act takes effect September 1, 2003, and
applies only to a complaint received by an investigator on or after
that date.
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