S.B. No. 1013
AN ACT
1-1 relating to complaints against police officers and fire fighters.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 614.021, Government Code, is amended to
1-4 read as follows:
1-5 Sec. 614.021. Applicability of Subchapter. (a) This
1-6 subchapter applies only to a complaint against:
1-7 (1) a law enforcement officer of the State of Texas,
1-8 including an officer of the Department of Public Safety or of the
1-9 Texas Alcoholic Beverage Commission;
1-10 (2) a fire fighter <who is not covered by a civil
1-11 service statute>; or
1-12 (3) a police officer <who is not covered by a civil
1-13 service statute>.
1-14 (b) In this subchapter, "police officer" means a peace
1-15 officer as defined by Article 2.12, Code of Criminal Procedure, or
1-16 other law, who is employed by a political subdivision of the state.
1-17 SECTION 2. Subsection (b), Section 614.023, Government Code,
1-18 is amended to read as follows:
1-19 (b) Disciplinary action may not be taken against the officer
1-20 or employee unless:
1-21 (1) a copy of the signed complaint is given to the
1-22 officer or employee;
1-23 (2) the complaint is investigated; and
2-1 (3) there is sufficient evidence to prove allegations
2-2 of misconduct.
2-3 SECTION 3. Subchapter B, Chapter 614, Government Code, is
2-4 amended by adding Section 614.024 to read as follows:
2-5 Sec. 614.024. POLYGRAPH EXAMINATION. (a) A peace officer
2-6 against whom a written complaint is filed as provided by this
2-7 subchapter may not be suspended, discharged, or subjected to any
2-8 other form of employment discrimination by the peace officer's
2-9 employer because the officer refused to take a polygraph
2-10 examination in response to the complaint.
2-11 (b) This section does not apply to a peace officer:
2-12 (1) to whom Section 411.007 applies; or
2-13 (2) who is required to take a polygraph examination
2-14 under Section 143.124, Local Government Code.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended,
2-20 and that this Act take effect and be in force from and after its
2-21 passage, and it is so enacted.