By Carona S.B. No. 651
Substitute the following for S.B. No. 651:
By Oakley C.S.S.B. No. 651
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to complaints against certain peace officers and
1-3 firefighters.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 614.021, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 614.021. APPLICABILITY OF SUBCHAPTER. (a) This
1-8 subchapter applies only to a complaint against:
1-9 (1) a law enforcement officer of the State of Texas,
1-10 including an officer of the [Department of Public Safety or of the]
1-11 Texas Alcoholic Beverage Commission;
1-12 (1) a fire fighter [who is not covered by a civil service
1-13 statute]; or
1-14 (2) a police officer [who is not covered by a civil service
1-15 statute].
1-16 (b) This subchapter does not apply to a peace officer to
1-17 whom Chapter 411 applies.
1-18 SECTION 2. Section 614.022, Government Code, is amended to
1-19 read as follows:
1-20 Sec. 614.022. COMPLAINT TO BE IN WRITING, UNDER OATH, AND
1-21 SIGNED BY COMPLAINANT. (a) Except as provided by Subsection (b),
1-22 the complaint may not [To] be considered by the head of a state
1-23 agency or by the head of a fire or police department unless[,] the
1-24 complaint is [must be]:
2-1 (1) made under oath;
2-2 (2) made in writing; and
2-3 (3) [(2)] signed by the person making the complaint.
2-4 (b) The head of a fire or police department, or that
2-5 person's designated representative, may investigate and consider a
2-6 complaint that is not made under oath only if the agency head or
2-7 department head, or that person's designated representative:
2-8 (1) reasonably suspects that the subject of the complaint
2-9 committed misconduct or reasonably believes the complainant is
2-10 credible;
2-11 (2) makes a written record of the complaint; and
2-12 (3) makes and signs a statement under oath stating that the
2-13 complaint was made by a person who refused to make the complaint
2-14 under oath.
2-15 SECTION 3. The changes in law made by this Act apply only to
2-16 a complaint made against a peace officer or firefighter on or after
2-17 the effective date of this Act.
2-18 SECTION 4. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three consecutive
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.