By Gallegos                                      S.B. No. 300

      75R2636 MLS-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to complaints against peace officers and fire fighters.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.   Section 614.021, Government Code, is amended to

 1-5     read as follows:

 1-6           Sec. 614.021.  APPLICABILITY OF SUBCHAPTER; DEFINITION.  (a)

 1-7     This subchapter applies only to a complaint against:

 1-8                 (1)  a law enforcement officer of the State of Texas,

 1-9     including an officer of the Department of Public Safety or of the

1-10     Texas Alcoholic Beverage Commission;

1-11                 (2)  a fire fighter [who is not covered by a civil

1-12     service statute]; or

1-13                 (3)  a police officer [who is not covered by a civil

1-14     service statute].

1-15           (b)  In this subchapter, "police officer" means a person who

1-16     is a peace officer under Article 2.12, Code of Criminal Procedure,

1-17     or other law, and who is employed by a political subdivision of the

1-18     state.

1-19           SECTION 2.   Section 614.023(b), Government Code, is amended

1-20     to read as follows:

1-21           (b)  Disciplinary action may not be taken against the officer

1-22     or employee unless:

1-23                 (1)  a copy of the signed complaint is given to the

1-24     officer or employee;

 2-1                 (2)  the complaint is investigated; and

 2-2                 (3)  sufficient evidence exists to prove the

 2-3     allegations of misconduct.

 2-4           SECTION 3.   This Act takes effect September 1, 1997, and

 2-5     applies only to complaints filed on or after the effective date of

 2-6     this Act.  A complaint filed before the effective date of this Act

 2-7     is governed by the law in effect at the time the complaint was

 2-8     filed, and that law is continued in effect for that purpose.

 2-9           SECTION 4.  The importance of this legislation and the

2-10     crowded condition of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended.