BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1682

                                                                                                                               By: Jackson, Mike

                                                                                                               Intergovernmental Relations

                                                                                                                                            4/21/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, there are approximately 65 municipalities that participate in civil service.  The fire fighters and peace officers of those civil service cities are exempted from 614.023, Government Code, which requires a signed complaint against an officer or fire fighter to be delivered to that officer of fire fighter within a reasonable time after the complaint is filed.

 

As proposed, S.B. 1682 requires that a signed complaint against any peace officer or fire fighter be delivered within a reasonable time after the complaint is filed.  In addition, this bill requires that the delivery of the signed complaint be within a reasonable time before a response to the complaint is required.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 614.021, Government Code, to provide that this subchapter applies only to a fire fighter and certain law enforcement officers.  Deletes existing text providing that this subchapter applies to a fire fighter or police officer not covered by a civil service statute.

 

SECTION 2.  Amends Section 614.023, Government Code, by adding Subsection (a-1), as follows:

 

(a-1)  Requires a copy of the signed complaint, if a law enforcement officer, fire fighter, or police officer is required to respond to a complaint against the officer or fire fighter, to be given to the officer or fire fighter within a reasonable time before the date on which the officer or fire fighter is required to respond.

 

SECTION 3.  Makes application of this Act prospective.

 

SECTION 4.  Effective date:  September 1, 2005.