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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation of a firefighter in certain |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 143.123(e), Local Government Code, is |
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amended to read as follows: |
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(e) A person may not be assigned to conduct an |
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investigation if the person is the complainant, the ultimate |
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decision maker regarding disciplinary action, or a person who has |
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any personal involvement regarding the alleged misconduct. A fire |
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fighter or police officer who is the subject of an investigation has |
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the right to inquire and, on inquiry, to be informed of the |
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identities of each investigator participating in an interrogation |
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of the fire fighter or police officer. Not later than the 30th day |
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after the date that a complaint is received by an investigator, the |
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investigator must inform the fire fighter in writing of the nature |
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of the investigation and the name of each person who complained |
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about the fire fighter, if known, concerning the matters under |
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investigation unless: |
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(1) a criminal investigation has been initiated as a |
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result of the complaint; or |
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2) the disclosure of information concerning the name |
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of the complainant or the matters under investigation would hinder |
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a criminal investigation. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. This Act applies only to a |
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complaint received by an investigator on or after the effective |
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date of the Act. |