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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation of firefighters 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, Local Government Code, is |
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amended by amending Subsection (e) and adding Subsection (e-1) to |
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read as follows: |
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(e) A person may not be assigned to conduct an investigation |
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if the person is the complainant, the ultimate decisionmaker |
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regarding disciplinary action, or a person who has any personal |
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involvement regarding the alleged misconduct. A fire fighter or |
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police officer who is the subject of an investigation has the right |
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to inquire and, on inquiry, to be informed of the identities of each |
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investigator participating in an interrogation of the fire fighter |
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or police officer. Not later than the 30th day after the date that a |
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complaint is received by the entity designated by the |
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municipality's fire department to receive and investigate |
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complaints against a fire fighter [an investigator], [the
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investigator must inform] the fire fighter must be notified in |
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writing of the nature of the investigation and the name of each |
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person who complained about the fire fighter, if known, concerning |
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the matters under 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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(e-1) Notice under Subsection (e) may be provided by |
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delivering the notice in person to the fire fighter or by sending |
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the notice, certified mail, return receipt requested, addressed to |
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the fire fighter at the last residence address shown by the records |
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of the municipality. |
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SECTION 2. The changes in law made by this Act apply only to |
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a complaint filed on or after September 1, 2013. A complaint filed |
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before September 1, 2013, is governed by the law in effect when the |
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complaint was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |