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.