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A BILL TO BE ENTITLED
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AN ACT
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relating to complaints against a law enforcement officer or fire |
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fighter. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 614.022, Government Code, is amended to |
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read as follows: |
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Sec. 614.022. COMPLAINT TO BE IN WRITING AND SIGNED BY |
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COMPLAINANT. To be considered by the head of a state agency or by |
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the head of a fire department or local law enforcement agency, the |
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complaint must [be]: |
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(1) be in writing; [and] |
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(2) set forth the alleged act or acts of misconduct; |
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(3) for an internal complaint, identify the policy, |
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rule, or law allegedly violated; and |
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(4) be signed by the person making the complaint. |
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SECTION 2. Sections 614.023(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) A copy of a signed complaint against a law enforcement |
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officer of this state or a fire fighter, detention officer, county |
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jailer, or peace officer appointed or employed by a political |
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subdivision of this state shall be given to the officer or employee |
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within a reasonable time after the complaint is filed. The officer |
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or employee may not be asked to give an oral or written statement |
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concerning the subject matter of the complaint until at least 24 |
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hours after a copy of the complaint has been given to the officer or |
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employee. |
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(c) In addition to the requirement of Subsection (b), the |
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officer or employee may not be indefinitely suspended or terminated |
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from employment based on the subject matter of the complaint |
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unless: |
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(1) the complaint is investigated; [and] |
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(2) there is evidence to prove the allegation of |
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misconduct; and |
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(3) the officer or employee has been provided the |
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opportunity to respond to the allegations. |
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SECTION 3. Subchapter B, Chapter 614, Government Code, is |
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amended by adding Sections 614.024 and 614.025 to read as follows: |
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Sec. 614.024. REMEDY AND WAIVER OF SOVEREIGN IMMUNITY. (a) |
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An officer or employee may bring suit to enforce the provisions of |
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this subchapter. |
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(b) In a suit under this section, if the officer or employee |
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demonstrates by a preponderance of the evidence that a violation of |
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this subchapter occurred, the court shall order reinstatement with |
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full back pay and benefits and award attorney's fees and costs. In |
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lieu of reinstatement, the court may order front pay. |
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(c) Sovereign immunity from suit and liability for damages |
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is waived for the purpose of enforcing this subchapter. |
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Sec. 614.025. APPEAL. (a) This section applies only to a |
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governmental entity that has not adopted an appeal procedure under |
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Chapter 143, Local Government Code, or through a collective |
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bargaining or meet and confer agreement. |
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(b) An officer or employee covered by this subchapter who is |
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terminated may request an appeal hearing before: |
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(1) the governing body of the state agency or |
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governmental entity that employs the officer or employee; or |
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(2) an independent arbitrator, if the governing body |
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of the state agency or local government by rule, order, or |
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ordinance, as applicable, has adopted a process providing for an |
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appeal to an arbitrator. |
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(c) In the appeal hearing under Subsection (b), the officer |
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or employee may be represented by legal counsel and shall be allowed |
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to present argument and evidence. |
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(d) The governing body shall order reinstatement with back |
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pay and benefits if it finds a violation of this subchapter has |
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occurred. |
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SECTION 4. This Act takes effect September 1, 2015. |