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."