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.