bill requiring investigations before fire fighter discipline

The text as introduced · 625 words

89R2786 DRS-F

By: Canales
H.B. No. 1677

A BILL TO BE ENTITLED

AN ACT

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 [ 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, 2025.