HB1677 - Relating to the investigation of municipal fire fighters in certain municipalities.

  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.