BILL ANALYSIS



C.S.S.B. 1013
By: Gallegos (Oakley)
April 27, 1995
Committee Report (Substituted)


BACKGROUND

Currently, Section 614.021, Government Code, states that police
officers and fire fighters may see written complaints against them
prior to disciplinary action being taken.  The section exempts
police officers and fire fighters protected by civil service
statutes under Chapter 143, Local Government Code.  Chapter 143
does not have language providing the same process for police
officers and fire fighters.  Police officers and fire fighters, who
are employed with Chapter 143 in cities under Chapter 143, are not
allowed to see complaints against them prior to disciplinary action
being taken.

PURPOSE

As proposed, C.S.S.B. 1013 deletes provision making Section
614.021, Local Government Code, governing a complaint against a law
enforcement officer or fire fighter, applicable only to a complaint
against a fire fighter or a police officer who is not covered by a
civil service statute.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 614.021, Government Code, as follows:

     Sec. 614.021.  APPLICABILITY OF SUBCHAPTER.  Deletes a
     provision making Subchapter B applicable only to a complaint
     against a fire fighter or a police officer who is not covered
     by a civil service statute.
     
SECTION 2. Emergency clause.
           Effective date: upon passage.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds police officers to those entitled to view
complaints against them regardless of civil service status.


SUMMARY OF COMMITTEE ACTION

SB 1013 was considered by the committee in a public hearing on
April 24, 1995.  The committee considered a complete substitute for
the bill.  The substitute was adopted without objection.  The
following people testified in favor of the bill: Lynwood Moreau,
representing the Harris County Deputy Sheriff's Union; and Jim
Lyde, representing the Texas Municipal Police Association.  The
following people testified on the bill: Jimmy Fawcett, representing
the Texas Police Chief's Association; and S.C. Van Vleck,
representing the Fort Worth Police Department.  The bill was
reported favorably as substituted, with the recommendation that it
do pass and be printed, by a record vote of 7 ayes, 0 nays, 1 pnv,
and 1 absent.