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                                  * * * * *