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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation of fire fighters employed by certain |
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municipalities and districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 180, Local Government Code, is amended |
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by adding Section 180.008 to read as follows: |
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Sec. 180.008. INVESTIGATION OF CERTAIN FIRE FIGHTERS |
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REQUIRED. (a) In this section: |
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(1) "Emergency services district" means an emergency |
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services district created under Chapter 775, Health and Safety |
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Code. |
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(2) "Fire fighter" means a paid employee of a |
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municipal fire department or emergency services district who: |
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(A) holds a position that requires substantial |
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knowledge of fire fighting; |
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(B) has met the requirements for certification by |
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the Texas Commission on Fire Protection under Chapter 419, |
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Government Code; and |
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(C) performs a function listed in Section |
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143.003(4)(A). |
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(3) "Investigation" means an administrative |
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investigation, conducted by a municipality or an emergency services |
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district, of alleged misconduct by a fire fighter that could result |
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in punitive action against the fire fighter. |
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(4) "Punitive action" has the meaning assigned by |
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Section 143.312. |
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(b) Except as provided by Subsection (e), Section 143.312 |
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applies to the investigation of a fire fighter conducted by a |
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municipality, other than a municipality to which Section 143.123 |
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applies. For a municipality to which Chapter 143 does not apply, a |
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violation of Section 143.312 may be considered as provided by |
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Section 143.312(l) by the appropriate authority during any |
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disciplinary appeal hearing provided by the municipality. |
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(c) Except as provided by Subsection (e), Section 143.312 |
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applies to the investigation of a fire fighter conducted by an |
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emergency services district. For purposes of this subsection, a |
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reference to a municipality or a municipal department head in |
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Section 143.312 is considered to be a reference to the district or |
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the official of the district responsible for the performance of the |
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duty to which the provision applies. For purposes of Section |
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143.312(l), a violation of Section 143.312 may be considered as |
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provided by Section 143.312(l) by the appropriate authority during |
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any disciplinary appeal hearing provided by the district. |
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(d) Except as provided by Subsection (e), a municipality to |
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which Subsection (b) applies and an emergency services district may |
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not take punitive action against a fire fighter unless an |
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investigation has been conducted in substantial compliance with |
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Section 143.312. |
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(e) This section does not apply to the investigation of a |
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fire fighter that directly relates to the facts and circumstances |
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of an offense for which the fire fighter has been convicted that: |
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(1) involves family violence, as defined by Section |
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71.004, Family Code; and |
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(2) is punishable as a felony or Class A or Class B |
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misdemeanor. |
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(f) To the extent that Subchapter B, Chapter 614, Government |
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Code, applies and conflicts with this section, this section |
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controls. |
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SECTION 2. Section 180.008, Local Government Code, as added |
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by this Act, applies only to an investigation of a fire fighter, as |
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those terms are defined by that section, initiated by a |
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municipality or emergency services district on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |