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


Senate Research CenterC.S.S.B. 651
By: Carona
Intergovernmental Relations
3-6-97
Committee Report (Substituted)


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.
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

As proposed, C.S.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, to provide that this
subchapter applies only to a complaint against a fire fighter and a police
officer, rather than a fire fighter and a police officer who are not
covered by a civil service statute.   

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 state agency or 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 is authorized to
investigate and consider a complaint that is not made under oath.  Makes
conforming  and nonsubstantive changes. 

SECTION 3. Makes application of this Act prospective.

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

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 614.021, Government Code, by deleting a
provision regarding a certain fire fighter. 

Amends SECTION 2, Section 614.022, Government Code, regarding provisions
for the complaint.