By: Bailey (Senate Sponsor - Gallegos) H.B. No. 1561

(In the Senate - Received from the House May 4, 2007; May 8, 2007, read first time and referred to Committee on Intergovernmental Relations; May 15, 2007, reported favorably by the following vote: Yeas 5, Nays 0; May 15, 2007, sent to printer.)

A BILL TO BE ENTITLED

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.

* * * * *