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.