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.