Bill Text: TX HB43 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the investigation of firefighters and police officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-16 - Left pending in committee [HB43 Detail]
Download: Texas-2011-HB43-Introduced.html
| 82R1476 NAJ-F | ||
| By: Menendez | H.B. No. 43 | |
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| relating to the investigation of firefighters and police officers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 143, Local Government | ||
| Code, is amended by adding Section 143.0511 to read as follows: | ||
| Sec. 143.0511. INVESTIGATION OF FIRE FIGHTERS AND POLICE | ||
| OFFICERS. (a) This section does not apply to a municipality to | ||
| which Section 143.123 or 143.312 applies. | ||
| (b) In this section: | ||
| (1) "Complainant" means a person claiming to be the | ||
| victim of misconduct by a fire fighter or police officer. | ||
| (2) "Investigation" means an administrative | ||
| investigation, conducted by the municipality, of alleged | ||
| misconduct by a fire fighter or police officer that could result in | ||
| punitive action against that person. | ||
| (3) "Investigator" means an agent or employee of the | ||
| municipality who is assigned to conduct an investigation. | ||
| (4) "Normally assigned working hours" includes those | ||
| hours during which a fire fighter or police officer is actually at | ||
| work or at the person's assigned place of work, but does not include | ||
| any time when the person is off duty on authorized leave, including | ||
| sick leave. | ||
| (5) "Punitive action" means a disciplinary | ||
| suspension, indefinite suspension, demotion in rank, written | ||
| reprimand, or any combination of those actions. | ||
| (c) An investigator may interrogate a fire fighter or police | ||
| officer who is the subject of an investigation only during the fire | ||
| fighter's or police officer's normally assigned working hours | ||
| unless: | ||
| (1) the seriousness of the investigation, as | ||
| determined by the fire fighter's or police officer's department | ||
| head or the department head's designee, requires interrogation at | ||
| another time; and | ||
| (2) the fire fighter or police officer is compensated | ||
| for the interrogation time on an overtime basis. | ||
| (d) The department head may not consider work time missed | ||
| from regular duties by a fire fighter or police officer due to | ||
| participation in the conduct of an investigation in determining | ||
| whether to impose a punitive action or in determining the severity | ||
| of a punitive action. | ||
| (e) An investigator may not interrogate a fire fighter or | ||
| police officer who is the subject of an investigation or conduct any | ||
| part of the investigation at that person's home without that | ||
| person's permission. | ||
| (f) A person may not be assigned to conduct an investigation | ||
| if the person is the complainant, the ultimate decision-maker | ||
| regarding disciplinary action, or a person who has any personal | ||
| involvement regarding the alleged misconduct. A fire fighter or | ||
| police officer who is the subject of an investigation has the right | ||
| to inquire and, on inquiry, to be informed of the identities of each | ||
| investigator participating in an interrogation of the fire fighter | ||
| or police officer. | ||
| (g) Not less than 48 hours before an investigator begins the | ||
| initial interrogation of a fire fighter or police officer who is the | ||
| subject of an investigation, the investigator must inform the fire | ||
| fighter or police officer in writing of the allegations in the | ||
| complaint. An investigator may not interrogate a fire fighter or | ||
| police officer based on a complaint by a complainant who is not a | ||
| fire fighter or police officer unless the complainant verifies the | ||
| complaint in writing before a public officer who is authorized by | ||
| law to take statements under oath. In an investigation under this | ||
| subsection, an investigator may interrogate a fire fighter or | ||
| police officer about events or conduct reported by a witness who is | ||
| not a complainant without disclosing the name of the witness. An | ||
| interrogation may be based on a complaint from an anonymous | ||
| complainant if the departmental employee receiving the anonymous | ||
| complaint certifies in writing, under oath, that the complaint was | ||
| anonymous. This subsection does not apply to an on-the-scene | ||
| investigation that occurs immediately after an incident being | ||
| investigated, except that the fire fighter or police officer under | ||
| investigation must be furnished, as soon as practicable, a written | ||
| statement of the allegations in the complaint. | ||
| (h) An interrogation session of a fire fighter or police | ||
| officer who is the subject of an investigation may not be | ||
| unreasonably long. In determining reasonableness, the gravity and | ||
| complexity of the investigation must be considered. The | ||
| investigators shall allow reasonable interruptions to permit the | ||
| fire fighter or police officer to attend to personal physical | ||
| necessities. | ||
| (i) An investigator may not threaten a fire fighter or | ||
| police officer who is the subject of an investigation with punitive | ||
| action during an interrogation. An investigator may inform a fire | ||
| fighter or police officer that failure to answer truthfully | ||
| reasonable questions directly related to the investigation or to | ||
| cooperate fully in the conduct of the investigation may result in | ||
| punitive action. | ||
| (j) If prior notification of intent to record an | ||
| interrogation is given to the other party, either the investigator | ||
| or the fire fighter or police officer who is the subject of an | ||
| interrogation may record the interrogation. | ||
| (k) If an investigation does not result in punitive action | ||
| against a fire fighter or police officer but does result in a | ||
| written reprimand or an adverse finding or determination regarding | ||
| that person, the reprimand, finding, or determination may not be | ||
| placed in that person's personnel file unless the fire fighter or | ||
| police officer is first given an opportunity to read and sign the | ||
| document. If the fire fighter or police officer refuses to sign the | ||
| reprimand, finding, or determination, it may be placed in the | ||
| personnel file with a notation that the person refused to sign it. | ||
| A fire fighter or police officer may respond in writing to a | ||
| reprimand, finding, or determination that is placed in the person's | ||
| personnel file under this subsection by submitting a written | ||
| response to the department head not later than the 10th day after | ||
| the date the fire fighter or police officer is asked to sign the | ||
| document. The response shall be placed in the personnel file. A | ||
| fire fighter or police officer who receives a punitive action and | ||
| who elects not to appeal the action may file a written response as | ||
| prescribed by this subsection not later than the 10th day after the | ||
| date the person is given written notice of the punitive action from | ||
| the department head. | ||
| (l) A violation of this section may be considered by the | ||
| commission or hearing examiner during a disciplinary appeal hearing | ||
| if the violation substantially impaired the fire fighter's or | ||
| police officer's ability to defend against the allegations of | ||
| misconduct. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
