87R13370 TYPED
 
  By: Hinojosa S.B. No. 1324
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the investigation of municipal fire fighters.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 614, Government Code, is
  amended by adding Section 614.024 to read as follows:
         Sec. 614.024.  INVESTIGATION OF MUNICIPAL FIRE FIGHTERS
  REQUIRED. (a) In this section:
               (1)  "Fire fighter" means a paid employee of a
  municipal fire department.
               (2)  "Investigation" means an administrative
  investigation conducted by a municipality of alleged misconduct by
  a fire fighter that could result in punitive action against the fire
  fighter.
               (3)  "Punitive action" means a disciplinary
  suspension, indefinite suspension, demotion in rank, reprimand, or
  any combination of those actions.
         (b)  Notwithstanding Section 614.021(b), this section
  applies to a fire fighter employed by a municipality regardless of
  whether the municipality is covered by a meet and confer or
  collective bargaining agreement under Chapter 143 or 174, Local
  Government Code.
         (c)  In addition to the requirements of Section 614.023, a
  municipality may not take punitive action against a fire fighter
  unless an investigation has been conducted in accordance with
  Section 143.123 or 143.312, Local Government Code, or other
  applicable law.
         (d)  A municipality to which Section 143.123 or 143.312,
  Local Government Code, or another substantially similar
  investigation requirement does not apply shall adopt and comply
  with procedures substantially identical to those required by
  Section 143.312, Local Government Code.
         SECTION 2.  Section 614.023(a), Government Code, is amended
  to read as follows:
         (a)  A copy of a signed complaint against a law enforcement
  officer of this state or a fire fighter, detention officer, county
  jailer, or peace officer appointed or employed by a political
  subdivision of this state shall be given to the officer or employee:
               (1)  within a reasonable time after the complaint is
  filed; or
               (2)  for a municipal fire fighter, in accordance with
  procedures adopted under Section 614.024(d).
         SECTION 3.  Section 614.024, Government Code, as added by
  this Act, applies only to an investigation, as that term is defined
  by that section, initiated by a municipality on or after the
  effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2021.