|
|
|
|
AN ACT
|
|
relating to the investigation of a firefighter 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 in writing of the nature of the |
|
investigation and the name of each person who complained about the |
|
fire fighter, 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 applies only to a complaint received by |
|
an investigator on or after the effective date of the Act. |
|
SECTION 3. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2007. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 1561 was passed by the House on May 3, |
|
2007, by the following vote: Yeas 140, Nays 0, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 1561 was passed by the Senate on May |
|
22, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |