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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(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 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 |
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a complaint is received by the municipality [an investigator], the |
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investigator assigned must inform the fire fighter in writing of |
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the nature of the investigation and the name of each person who |
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complained about the fire fighter, if known, concerning the matters |
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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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SECTION 2. Section 143.123(e), Local Government Code, as |
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amended by this Act, applies only to a complaint filed on or after |
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September 1, 2013. A complaint filed before September 1, 2013, is |
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governed by the law in effect when the complaint was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |