JWW C.S.S.B. 651 75(R)BILL ANALYSIS PUBLIC SAFETY C.S.S.B. 651 By: Carona (Allen) 5-8-97 Committee Report (Substituted) BACKGROUND Currently, Subchapter B, Chapter 614, Government Code, provides rules for the administration of complaints against fire fighters, police officers and law enforcement officers employed by the state. This subchapter requires a complaint against an officer or firefighter to be in writing and signed by the complainant before the complaint can be considered. Additionally, a copy of the complaint must be provided to the affected employee within a reasonable time after being filed and no disciplinary action may be taken based on a complaint unless a copy has been given to the employee. Despite these provisions, a complainant can make false accusations against an employee without fear of prosecution for perjury. S.B. 651 would require a complaint against an officer to be made under oath to increase the efficiency of the investigative process and protect the reputation of the employee. PURPOSE This bill outlines provisions regarding complaints against peace officers and certain firefighters. RULEMAKING AUTHORITY It is the committee's 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 614.021, Government Code, as follows: (a) Provides that this subchapter applies only to a complaint against a law enforcement officer in the State of Texas, including an officer of the Texas Alcoholic Beverage Commission. (b) This subchapter does not apply to a peace officer to whom chapter 411 applies. SECTION 2. Amends Section 614.022, Government Code, as follows: Sec. 614.022. New heading: COMPLAINT TO BE IN WRITING, UNDER OATH, AND SIGNED BY COMPLAINANT. Prohibits the complaint from being considered by the head of a fire or police department unless the complaint is made under oath and in writing except as provided by Subsection (b). Sets forth instances in which the head of a state agency or the head of a fire or police department, or that person's designated representative, is authorized to investigate and consider a complaint that is not made under oath. Makes conforming and non-substantive changes. SECTION 3. Makes application of this Act prospective. SECTION 4. Emergency clause. Effective upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1 Original Section 614.021, Government Code, is redesignated as Subchapter (a). (1) This subdivision is amended to remove a reference to the Department of Public Safety. (b) This subdivision is added to state that this subchapter does not apply to a peace officer to whom Chapter 411 applies. SECTION 2 Section 614.022(b), Government Code, is amended by deleting "the head of a state agency or the."