C.S.H.B. 2361 78(R)    BILL ANALYSIS


C.S.H.B. 2361
By: Bailey
Urban Affairs
Committee Report (Substituted)


BACKGROUND AND PURPOSE

Chapter 143, Local Government Code, establishes civil service requirements
for fire fighters and police officers in cities with a population of
10,000 or more that have adopted that chapter, also styled as the "Fire
Fighter and Police Officer Civil Service Act" ("the Act"), by local
adoption election. Subchapter G of this chapter contains provisions
applicable to municipalities with populations of 1.5 million or more and
certain other municipalities.  At this time, the Act applies to about 75
Texas cities, while Subchapter G of the Act, with two exceptions, applies
only to the City of Houston. 

Committee Substitute House Bill 2361 amends Section 143.123(f), which
regulates investigations of fire fighters and police officers.  At
present, the complainant, the ultimate decisionmaker regarding discipline,
and any person who has personal involvement regarding the alleged
misconduct are prohibited from conducting an investigation.  In addition,
the fire fighter or police officer has the right to be informed of the
names of each investigator. C.S.H.B. 2361 further requires the
investigator to notify the fire fighter or police officer that they are
under investigation within 30 days of receiving the complaint, and
provides and exception to notification for criminal investigations.  

RULEMAKING AUTHORITY

It is the committees opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution.   

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 143.123(e), Local Government Code, which
prohibits certain individuals from being assigned to conduct an
investigation and provides a right to be informed of the names of all
investigators, by requiring the investigator to notify the affected fire
fighter or police officer in writing of the nature of the investigation
and the names of all complainants within 30 days of receiving the
complaint.  Provides an exception to this notification requirement in the
event that a criminal investigation has been initiated as a result of the
complaint, or such disclosure would hinder a criminal investigation. 

SECTION 2. Effective date / prospective application.

EFFECTIVE DATE:  September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original would have amended Section 143.123(f), Local Government Code,
to require the investigator of a complaint to notify the affected fire
fighter or police officer in writing of the nature of the investigation
and the names of all complainants within 30 days of receiving the
complaint.  Committee Substitute House Bill 2361 amends Section
143.123(e), Local Government Code, to require the investigator of a
complaint to notify the affected fire fighter or police officer in writing
of the nature of the investigation and the names of all complainants
within 30 days of receiving the complaint, and in addition, excepts from
the notification requirement disclosures in the event that a criminal
investigation has been initiated as a result of the complaint, or such
when such disclosure would hinder a criminal investigation.