SRC-TNM S.B. 651 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 651
By: Carona
Intergovernmental Relations
2-27-97
As Filed


DIGEST 

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.
The investigation of false complaints decreases the efficiency of the
investigative process and may cast doubt on the reputation of  model
public safety employees.  S.B. 651 would require a complaint against an
officer to be made under oath in order to increase the efficiency of the
investigative process and protect the reputation of the employee. 

PURPOSE

As proposed, S.B. 651 outlines provisions regarding complaints against
peace officers and certain firefighters. 

RULEMAKING AUTHORITY

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. New heading: APPLICABILITY OF SUBCHAPTER; DEFINITION.
Provides that this subchapter applies only to a complaint against a police
officer, rather than a police officer who is not covered by a civil
service statute.  Defines "police officer" as a person who is a peace
officer under Article 2.12, Code of Criminal Procedure, or other law, and
who is employed by a political subdivision of the state. 

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.  Requires the complaint to be made under oath and
in writing to be considered by the head of a state agency or by the head
of a fire or police department.  Makes conforming changes. 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Emergency clause.
  Effective date: upon passage.