BILL ANALYSIS
Senate Research Center S.B. 632
By: Gallegos
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current law, a firefighter does not have the right to know the identity of any person who files a complaint against the firefighter or the reason for the investigation. This law is applicable to municipalities with populations of 1.5 million or more and certain other municipalities that have adopted the Firefighter and Police Officer Civil Service Act by local adoption election. Currently, this applies only to the City of Houston, with one exception.
As proposed, S.B. 632 requires the investigator of a complaint against a firefighter to notify the firefighter that he or she is under investigation within 30 days of receiving the complaint and provides that the firefighter who is under investigation has the right to be informed of the name of each person who complained, if known, unless certain exceptions apply.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 143.123(e), Local Government Code, to require the investigator who is investigating a complaint against a firefighter to inform the firefighter in writing, not later than the 30th day after the date that a complaint is received by an investigator, of the nature of the investigation and the name of each person who complained about the firefighter, if known, concerning the matters under investigation unless a criminal investigation has been initiated as a result of the complaint or the disclosure of information concerning the name of the complainant or the matters under investigation would hinder a criminal investigation.
SECTION 2. Effective date: upon passage or September 1, 2007.
Makes application of this Act prospective.