78R4994 KSD-F
By: Bailey H.B. No. 2828
A BILL TO BE ENTITLED
AN ACT
relating to complaints against certain peace officers and fire
fighters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 614, Government Code, is
amended to read as follows:
SUBCHAPTER B. COMPLAINT AGAINST LAW ENFORCEMENT OFFICER OR FIRE
FIGHTER
Sec. 614.021. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a complaint against:
(1) a law enforcement officer of the State of Texas,
including an officer of the Department of Public Safety or of the
Texas Alcoholic Beverage Commission;
(2) a fire fighter who is employed by the state or a
political subdivision of the state [not covered by a civil service
statute]; or
(3) a peace [police] officer under Article 2.12, Code
of Criminal Procedure, or other law who is appointed or employed by
a political subdivision of the state [not covered by a civil service
statute].
Sec. 614.022. COMPLAINT TO BE IN WRITING AND SIGNED BY
COMPLAINANT. To be considered by the head of a state agency or by
the head of a fire [or police] department or local law enforcement
agency, the complaint must be:
(1) in writing; and
(2) signed by the person making the complaint.
Sec. 614.023. COPY OF COMPLAINT TO BE GIVEN TO OFFICER OR
EMPLOYEE. (a) A copy of a signed complaint against a law
enforcement officer of the state, fire fighter, or peace [police]
officer appointed or employed by a political subdivision shall be
given to the officer or employee within a reasonable time after the
complaint is filed.
(b) Disciplinary action may not be taken against the officer
or employee unless:
(1) a copy of the signed complaint is given to the
officer or employee;
(2) the complaint is investigated; and
(3) there is sufficient evidence to prove the
allegation of misconduct.
SECTION 2. The change in law made by this Act applies only
in relation to a complaint filed on or after the effective date of
this Act. A complaint filed before the effective date of this Act
is governed by the law in effect on the date the complaint was
filed, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2003.