By:  Carona                                   S.B. No. 651

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to complaints against certain peace officers and

 1-2     firefighters.

 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.  This subchapter

 1-7     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           SECTION 2.  Section 614.022, Government Code, is amended to

1-16     read as follows:

1-17           Sec. 614.022.  COMPLAINT TO BE IN WRITING, UNDER OATH, AND

1-18     SIGNED BY COMPLAINANT.  (a)  Except as provided by Subsection (b),

1-19     the complaint may not [To] be considered by the head of a state

1-20     agency or by the head of a fire or police department unless[,] the

1-21     complaint is [must be]:

1-22                 (1)  made under oath;

1-23                 (2)  made in writing; and

 2-1                 (3) [(2)]  signed by the person making the complaint.

 2-2           (b)  The head of a state agency or the head of a fire or

 2-3     police department, or that person's designated representative, may

 2-4     investigate and consider a complaint that is not made under oath

 2-5     only if the agency head or department head, or that person's

 2-6     designated representative:

 2-7                 (1)  reasonably suspects that the subject of the

 2-8     complaint committed misconduct or reasonably believes the

 2-9     complainant is credible;

2-10                 (2)  makes a written record of the complaint; and

2-11                 (3)  makes and signs a statement under oath stating

2-12     that the complaint was made by a person who refused to make the

2-13     complaint under oath.

2-14           SECTION 3.  The changes in law made by this Act apply only to

2-15     a complaint made against a peace officer or firefighter on or after

2-16     the effective date of this Act.

2-17           SECTION 4.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended,

2-22     and that this Act take effect and be in force from and after its

2-23     passage, and it is so enacted.