Tex. Local Gov't Code Section 143.312
Investigation of Fire Fighters and Police Officers


(a)

This section does not apply to a municipality to which Section 143.123 (Investigation of Fire Fighters and Police Officers) 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.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.

Source: Section 143.312 — Investigation of Fire Fighters and Police Officers, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­143.­htm#143.­312 (accessed Jun. 5, 2024).

143.001
Purpose
143.002
Municipalities Covered by Chapter
143.003
Definitions
143.004
Election to Adopt or Repeal Chapter
143.005
Status of Employees if Chapter Adopted
143.006
Implementation: Commission
143.007
Removal of Commission Member
143.008
Adoption and Publication of Rules
143.009
Commission Investigations and Inspections
143.010
Commission Appeal Procedure
143.011
Decisions and Records
143.012
Director
143.013
Appointment and Removal of Department Head
143.014
Appointment and Removal of Person Classified Immediately Below Department Head
143.015
Appeal of Commission Decision to District Court
143.016
Penalty for Violation of Chapter
143.021
Classification
143.022
Physical Requirements and Examinations
143.023
Eligibility for Beginning Position
143.024
Entrance Examination Notice
143.025
Entrance Examinations
143.026
Procedure for Filling Beginning Positions
143.027
Probationary Period
143.028
Eligibility for Promotion
143.029
Promotional Examination Notice
143.030
Eligibility for Fire Department Promotional Examination
143.031
Eligibility for Police Department Promotional Examination
143.032
Promotional Examination Procedure
143.033
Promotional Examination Grades
143.034
Review and Appeal of Promotional Examination
143.035
Alternate Promotional System in Police Department
143.036
Procedure for Making Promotional Appointments
143.037
Record of Certification and Appointment
143.038
Temporary Duties in Higher Classification
143.041
Salary
143.042
Assignment Pay
143.043
Field Training Officer Assignment Pay
143.045
Accumulation and Payment of Sick Leave
143.046
Vacations
143.047
Shift Differential Pay
143.0051
Status of Employees in Certain Fire Departments
143.051
Cause for Removal or Suspension
143.0052
Fee for Emergency Medical Services
143.052
Disciplinary Suspensions
143.053
Appeal of Disciplinary Suspension
143.054
Demotions
143.055
Uncompensated Duty of Police Officers
143.056
Procedures After Felony Indictment or Misdemeanor Complaint
143.057
Hearing Examiners
143.071
Leaves of Absence
143.072
Military Leave of Absence
143.073
Line of Duty Illness or Injury Leave of Absence
143.074
Reappointment After Recovery from Disability
143.075
Military Leave Time Accounts
143.081
Determination of Physical and Mental Fitness
143.082
Efficiency Reports
143.083
Emergency Appointment of Temporary Fire Fighters
143.084
Civil Service Status and Pension Benefits for Certain Fire Fighters
143.085
Force Reduction and Reinstatement List
143.086
Political Activities
143.087
Strike Prohibition
143.088
Unlawful Resignation or Retirement
143.089
Personnel File
143.090
Release of Photographs of Police Officers
143.102
Appointment of Assistant Chief
143.103
Specialized Police Divisions
143.104
Examination Procedure
143.105
Eligibility for Beginning Position in Police Department
143.106
Eligibility for Fire Department Promotional Examination
143.107
Promotional Examination Notice
143.108
Promotional Examination Grades
143.109
Crossover Promotions in Police Department
143.110
Salary
143.111
Temporary Duties in Higher Classification
143.112
Educational Incentive Pay
143.113
Assignment Pay
143.115
Payment of Accumulated Vacation Leave in Populous Municipality
143.116
Payment of Sick Leave on Termination of Service
143.117
Disciplinary Suspensions
143.118
Appeal of Disciplinary Suspension
143.119
Indefinite Suspensions
143.120
Appeal of Indefinite Suspension
143.121
Appeal to District Court
143.122
Uncompensated Duty
143.123
Investigation of Fire Fighters and Police Officers
143.124
Polygraph Examinations
143.125
Police Department Probationary Period After Reappointment in Populous Municipality
143.126
Legislative Leave
143.127
Grievance Procedure
143.128
Step I Grievance Procedure
143.129
Step Ii Grievance Procedure
143.130
Step Iii Grievance Procedure
143.131
Step Iv Grievance Procedure
143.132
Grievance Examiner
143.133
Special Provisions for Steps I and Ii
143.134
Miscellaneous Grievance Provisions
143.135
Mediation
143.201
Population
143.202
Definitions
143.203
General Provisions Relating to Agreements, Recognition, and Strikes
143.204
Recognition of Fire Fighter Association
143.205
Open Records Required
143.206
Enforceability of Agreement
143.207
Agreement Supersedes Conflicting Provisions
143.208
Repeal of Agreement by Electorate
143.209
Protected Rights of Individual Employees
143.0251
Reappointment After Resignation
143.301
Municipalities Covered by Subchapter
143.302
Definitions
143.303
General Provisions Relating to Agreements, Recognition, and Strikes
143.304
Recognition of Fire Fighters or Police Officers Association
143.305
Open Records Required
143.306
Enforceability of Agreement
143.307
Agreement Supersedes Conflicting Provisions
143.308
Repeal of Agreement by Electorate
143.309
Protected Rights of Individual Employees
143.310
Binding Interest Arbitration
143.311
Appointments to Classification Immediately Below Department Head
143.312
Investigation of Fire Fighters and Police Officers
143.313
Polygraph Examinations
143.351
Applicability
143.352
Definitions
143.353
General Provisions Relating to Agreements, Recognition, and Strikes
143.354
Recognition of Police Employee Group
143.358
Open Records Required
143.359
Enforceability of Agreement
143.360
Election to Ratify Agreement
143.361
Agreement Supersedes Conflicting Provisions
143.362
Repeal of Agreement by Electorate
143.363
Protected Rights of Individual Employees
143.401
Applicability
143.402
Election to Adopt or Repeal Subchapter
143.403
Status of Employees if Subchapter Adopted
143.1014
Notice Requirement for Certain Meetings or Hearings
143.1015
Commission Appeal Procedure
143.1016
Hearing Examiners
143.1017
Procedures After Felony Indictment or Other Crime of Moral Turpitude
143.1018
Ex Parte Communications
143.1041
Entrance Examination for Beginning Peace Officer Position in Police Department
143.1051
Eligibility for Beginning Position in Fire Department
143.1055
Applicant for Beginning Position in Police Department with Previous Experience
143.1095
Transfers in Position in Same Classification in Fire Department
143.1115
Determination of Physical and Mental Fitness
143.1155
Accumulated Vacation and Holiday Leave
143.1214
Records Related to Disciplinary Actions or Charges of Misconduct
143.1215
Reinstatement
143.1216
Certain Nondisciplinary Actions
143.1251
Reappointment After Resignation
143.1261
Legislative Leave Account
143.3015
Limitation on Municipalities Covered by Subchapter: Voter Approval

Accessed:
Jun. 5, 2024

§ 143.312’s source at texas​.gov