HBA-GUM H.B. 2714 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2714
By: Dutton
Urban Affairs
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 2714 extends the notice requirement under Section 143.1014, Subchapter
G, Local Government Code (relating to the requirements for certain meetings
or hearings), to a meeting conducted to provide a fire fighter or police
officer with notice of the department's decision concerning disciplinary
action.  In addition, this bill entitles a fire fighter who is given notice
of such a meeting to all documents related to the internal departmental or
other municipal investigation of the fire fighter, and to two
representatives at the meeting.   The City of Houston is currently the only
municipality affected by Subchapter G, since it applies to a municipality
with a population of 1.5 million or more.  Thus, H.B. 2714 would affect
only a City of Houston fire fighter or police officer. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 143.1014, Local Government Code, as follows:

Sec. 143.1014.  New title:  REQUIREMENTS FOR CERTAIN MEETINGS OR HEARINGS.
(a)  Includes a meeting conducted to provide a fire fighter or police
officer notice of the department's decision concerning disciplinary action
among the meetings the department is required to inform the fire fighter or
police officer of 48 hours in advance. Makes a conforming change. 

(b)  Makes no change.

(c)  Entitles a fire fighter, who is provided notice of a meeting or
hearing in accordance with Subsection (a), to all documents related to the
internal departmental or other municipal investigation of the fire fighter.
Requires that such documents be provided to the fire fighter not later than
the 48th hour before the hour on which the meeting or hearing under this
subsection is held. 

(d)  Entitles a fire fighter who is the subject of a meeting conducted
under Subsection (a) to two representatives at the meeting.  Provides that
the representatives are not required to be attorneys.  Entitles the
representative to be present to advise the fire fighter and to present any
evidence or information for the fire fighter.  Prohibits any action
preventing a representative from participating in the meeting. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.