By Tillery                                      H.B. No. 1935

      75R5473 GJH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain circumstances under which supervisors of

 1-3     certain fire and police departments may be demoted.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter G, Chapter 143, Local Government Code,

 1-6     is amended by adding Section 143.135 to read as follows:

 1-7           Sec. 143.135.  DEMOTION OF SUPERVISOR.  (a)  A fire fighter

 1-8     or police officer may file a complaint with the head of the fire or

 1-9     police department alleging that a supervisor filed a frivolous

1-10     complaint against the fire fighter or police officer.  The head of

1-11     the fire or police department shall order an internal departmental

1-12     investigation of the alleged frivolous complaint.  If the

1-13     department head determines based on the results of the

1-14     investigation that the complaint against the fire fighter or police

1-15     officer is frivolous, the department head shall recommend to the

1-16     commission that the supervisor be demoted one rank in accordance

1-17     with Section 143.054.

1-18           (b)  If a supervisor's complaint against a fire fighter or

1-19     police officer results in a recommended demotion, suspension, or

1-20     indefinite suspension against the fire fighter or police officer

1-21     and the department head determines based on a proceeding before the

1-22     commission or an independent hearing examiner that the supervisor's

1-23     complaint against the fire fighter or police officer was frivolous,

1-24     the department head may without ordering an internal investigation

 2-1     recommend to the commission that the supervisor be demoted one rank

 2-2     in accordance with Section 143.054.

 2-3           (c)  A supervisor's complaint is considered to be frivolous

 2-4     for purposes of this section if the complaint is groundless and:

 2-5                 (1)  brought in bad faith;

 2-6                 (2)  brought for the purpose of harassment; or

 2-7                 (3)  brought for any other improper purpose.

 2-8           SECTION 2.  This Act takes effect September 1, 1997, and

 2-9     applies only to complaints filed by supervisors on or after the

2-10     effective date.  Complaints filed by supervisors before the

2-11     effective date are governed by the law in effect at the time of

2-12     filing, and the former law is continued in effect for that purpose.

2-13           SECTION 3.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended.