By Gallegos                                      S.B. No. 301

      75R2635 MLS-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to complaints against peace officers and firefighters,

 1-3     including the use of a polygraph examination in response to a

 1-4     complaint against certain peace officers.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 614.021, Government Code, is amended to

 1-7     read as follows:

 1-8           Sec. 614.021.  APPLICABILITY OF SUBCHAPTER; DEFINITION.  (a)

 1-9     This subchapter applies only to a complaint against:

1-10                 (1)  a law enforcement officer of the State of Texas,

1-11     including an officer of the Department of Public Safety or of the

1-12     Texas Alcoholic Beverage Commission;

1-13                 (2)  a fire fighter [who is not covered by a civil

1-14     service statute];  or

1-15                 (3)  a police officer [who is not covered by a civil

1-16     service statute].

1-17           (b)  In this subchapter, "police officer" means a person who

1-18     is a peace officer under Article 2.12, Code of Criminal Procedure,

1-19     or other law, and who is employed by a political subdivision of the

1-20     state.

1-21           SECTION 2.  Subchapter B, Chapter 614, Government Code, is

1-22     amended by adding Section 614.024 to read as follows:

1-23           Sec. 614.024.  POLYGRAPH EXAMINATION.  (a)  A police officer

1-24     against whom a written complaint is filed as provided by this

 2-1     subchapter may not be suspended, discharged, or subjected to any

 2-2     form of employment discrimination by the police officer's employer

 2-3     because the officer refused to take a polygraph examination in

 2-4     response to the complaint.

 2-5           (b)  This section does not apply to a police officer to whom

 2-6     Section 411.007 applies.

 2-7           (c)  Sections 143.124, 143.313, and 157.905, Local Government

 2-8     Code, do not apply to a police officer under circumstances in which

 2-9     this section applies.

2-10           SECTION 3.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended,

2-15     and that this Act take effect and be in force from and after its

2-16     passage, and it is so enacted.