Bill Text: TX SB1436 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the investigation of municipal fire fighters in certain municipalities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to Local Government [SB1436 Detail]
Download: Texas-2023-SB1436-Introduced.html
| 88R2088 DRS-F | ||
| By: Hinojosa | S.B. No. 1436 | |
|
|
||
|
|
||
| relating to the investigation of municipal fire fighters in certain | ||
| municipalities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 614.021(b), Government Code, is amended | ||
| to read as follows: | ||
| (b) Except as provided by Section 614.024, this [ |
||
| subchapter does not apply to a peace officer or fire fighter | ||
| appointed or employed by a political subdivision that is covered by | ||
| a meet and confer or collective bargaining agreement under Chapter | ||
| 143 or 174, Local Government Code, if that agreement includes | ||
| provisions relating to the investigation of, and disciplinary | ||
| action resulting from, a complaint against a peace officer or fire | ||
| fighter, as applicable. | ||
| 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 applicable under Section 614.024. | ||
| SECTION 3. 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 IN CERTAIN MUNICIPALITIES. (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) This section applies only to a municipality with a | ||
| population of 10,000 or more. | ||
| (c) 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. | ||
| (d) This section supersedes a conflicting provision in a | ||
| meet and confer or collective bargaining agreement. | ||
| (e) A meet and confer or collective bargaining agreement | ||
| under Chapter 143 or 174, Local Government Code, may impose | ||
| requirements for investigations in addition to those provided in | ||
| Section 143.123 or Sections 143.312(a)-(k), Local Government Code, | ||
| that do not conflict with the requirements of those sections. | ||
| (f) 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: | ||
| (1) Section 143.123 or Sections 143.312(a)-(k), Local | ||
| Government Code, or other applicable law, including the | ||
| requirements adopted under Subsection (g), if applicable; and | ||
| (2) any additional requirements imposed by a meet and | ||
| confer or collective bargaining agreement under Chapter 143 or 174, | ||
| Local Government Code. | ||
| (g) 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: | ||
| (1) procedures substantially identical to those | ||
| required by Sections 143.312(a)-(k), Local Government Code; and | ||
| (2) any additional procedures or requirements imposed | ||
| by a meet and confer or collective bargaining agreement under | ||
| Chapter 143 or 174, Local Government Code. | ||
| SECTION 4. (a) 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. | ||
| (b) Section 614.024(d), Government Code, as added by this | ||
| Act, applies only to an agreement entered into on or after the | ||
| effective date of this Act. | ||
| SECTION 5. This Act takes effect September 1, 2023. | ||
