1-1 By: Carona S.B. No. 651
1-2 (In the Senate - Filed February 18, 1997; February 20, 1997,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; March 6, 1997, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 1;
1-6 March 6, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 651 By: Carona
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to complaints against certain peace officers and
1-11 firefighters.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 614.021, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 614.021. APPLICABILITY OF SUBCHAPTER. This subchapter
1-16 applies only to a complaint against:
1-17 (1) a law enforcement officer of the State of Texas,
1-18 including an officer of the Department of Public Safety or of the
1-19 Texas Alcoholic Beverage Commission;
1-20 (2) a fire fighter [who is not covered by a civil
1-21 service statute]; or
1-22 (3) a police officer [who is not covered by a civil
1-23 service statute].
1-24 SECTION 2. Section 614.022, Government Code, is amended to
1-25 read as follows:
1-26 Sec. 614.022. COMPLAINT TO BE IN WRITING, UNDER OATH, AND
1-27 SIGNED BY COMPLAINANT. (a) Except as provided by Subsection (b),
1-28 the complaint may not [To] be considered by the head of a state
1-29 agency or by the head of a fire or police department unless[,] the
1-30 complaint is [must be]:
1-31 (1) made under oath;
1-32 (2) made in writing; and
1-33 (3) [(2)] signed by the person making the complaint.
1-34 (b) The head of a state agency or the head of a fire or
1-35 police department may investigate and consider a complaint that is
1-36 not made under oath only if the agency head or department head:
1-37 (1) reasonably suspects that the subject of the
1-38 complaint committed misconduct or reasonably believes the
1-39 complainant is credible;
1-40 (2) makes a written record of the complaint; and
1-41 (3) makes and signs a statement under oath stating
1-42 that the complaint was made by a person who refused to make the
1-43 complaint under oath.
1-44 SECTION 3. The changes in law made by this Act apply only to
1-45 a complaint made against a peace officer or firefighter on or after
1-46 the effective date of this Act.
1-47 SECTION 4. The importance of this legislation and the
1-48 crowded condition of the calendars in both houses create an
1-49 emergency and an imperative public necessity that the
1-50 constitutional rule requiring bills to be read on three several
1-51 days in each house be suspended, and this rule is hereby suspended,
1-52 and that this Act take effect and be in force from and after its
1-53 passage, and it is so enacted.
1-54 * * * * *