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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation of municipal fire fighters 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 614.021(b), Government Code, is amended |
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to read as follows: |
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(b) Except as provided by Section 614.024, this [This] |
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subchapter does not apply to a peace officer or fire fighter |
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appointed or employed by a political subdivision that is covered by |
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a meet and confer or collective bargaining agreement under Chapter |
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143 or 174, Local Government Code, if that agreement includes |
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provisions relating to the investigation of, and disciplinary |
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action resulting from, a complaint against a peace officer or fire |
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fighter, as applicable. |
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SECTION 2. Section 614.023(a), Government Code, is amended |
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to read as follows: |
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(a) A copy of a signed complaint against a law enforcement |
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officer of this state or a fire fighter, detention officer, county |
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jailer, or peace officer appointed or employed by a political |
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subdivision of this state shall be given to the officer or employee: |
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(1) within a reasonable time after the complaint is |
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filed; or |
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(2) for a municipal fire fighter, in accordance with |
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procedures applicable under Section 614.024. |
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SECTION 3. Subchapter B, Chapter 614, Government Code, is |
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amended by adding Section 614.024 to read as follows: |
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Sec. 614.024. INVESTIGATION OF MUNICIPAL FIRE FIGHTERS |
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REQUIRED IN CERTAIN MUNICIPALITIES. (a) In this section: |
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(1) "Fire fighter" means a paid employee of a |
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municipal fire department. |
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(2) "Investigation" means an administrative |
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investigation conducted by a municipality of alleged misconduct by |
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a fire fighter that could result in punitive action against the fire |
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fighter. |
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(3) "Punitive action" means a disciplinary |
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suspension, indefinite suspension, demotion in rank, reprimand, or |
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any combination of those actions. |
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(b) This section applies only to a municipality with a |
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population of 10,000 or more. |
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(c) Notwithstanding Section 614.021(b), this section |
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applies to a fire fighter employed by a municipality regardless of |
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whether the municipality is covered by a meet and confer or |
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collective bargaining agreement under Chapter 143 or 174, Local |
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Government Code. |
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(d) This section supersedes a conflicting provision in a |
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meet and confer or collective bargaining agreement. |
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(e) A meet and confer or collective bargaining agreement |
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under Chapter 143 or 174, Local Government Code, may impose |
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requirements for investigations in addition to those provided in |
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Section 143.123 or Sections 143.312(a)-(k), Local Government Code, |
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that do not conflict with the requirements of those sections. |
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(f) In addition to the requirements of Section 614.023, a |
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municipality may not take punitive action against a fire fighter |
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unless an investigation has been conducted in accordance with: |
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(1) Section 143.123 or Sections 143.312(a)-(k), Local |
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Government Code, or other applicable law, including the |
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requirements adopted under Subsection (g), if applicable; and |
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(2) any additional requirements imposed by a meet and |
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confer or collective bargaining agreement under Chapter 143 or 174, |
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Local Government Code. |
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(g) A municipality to which Section 143.123 or 143.312, |
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Local Government Code, or another substantially similar |
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investigation requirement does not apply shall adopt and comply |
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with: |
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(1) procedures substantially identical to those |
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required by Sections 143.312(a)-(k), Local Government Code; and |
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(2) any additional procedures or requirements imposed |
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by a meet and confer or collective bargaining agreement under |
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Chapter 143 or 174, Local Government Code. |
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SECTION 4. (a) Section 614.024, Government Code, as added |
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by this Act, applies only to an investigation, as that term is |
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defined by that section, initiated by a municipality on or after the |
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effective date of this Act. |
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(b) Section 614.024(d), Government Code, as added by this |
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Act, applies only to an agreement entered into on or after the |
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effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |