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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. (a) |
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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 this subsection, Section 143.312 |
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applies to the investigation of a fire fighter conducted by a |
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municipality. This subsection does not apply to a municipality to |
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which Section 143.123 applies. For a municipality to which Chapter |
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143 does not apply, a violation of Section 143.312 may be considered |
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as provided by Section 143.312(l) by the appropriate authority |
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during any disciplinary appeal hearing provided by the |
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municipality. |
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(c) Section 143.312 applies to the investigation of a fire |
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fighter conducted by an emergency services district. For purposes |
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of this subsection, a reference to a municipality or a municipal |
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department head in Section 143.312 is considered to be a reference |
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to the district or the official of the district responsible for the |
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performance of the duty to which the provision applies. For |
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purposes of Section 143.312(l), a violation of Section 143.312 may |
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be considered as provided by Section 143.312(l) by the appropriate |
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authority during any disciplinary appeal hearing provided by the |
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district. |
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(d) 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. |