86R13248 TJB-D
 
  By: Menéndez S.B. No. 1745
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to complaints filed against certain law enforcement
  officers, peace officers, detention officers, county jailers, and
  fire fighters.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 614, Government Code, is
  amended by adding Section 614.0205 to read as follows:
         Sec. 614.0205.  DEFINITIONS. In this subchapter:
               (1)  "Complaint" means an allegation that a law
  enforcement officer or fire fighter has committed misconduct or has
  violated a policy of the law enforcement agency or fire department
  that appointed or employs the officer or employee.
               (2)  "Law enforcement agency" means an agency of this
  state or an agency of a political subdivision of this state
  authorized by law to appoint or employ a law enforcement officer.
               (3)  "Law enforcement officer" means a peace officer
  under Article 2.12, Code of Criminal Procedure, or other law or a
  detention officer or county jailer.
         SECTION 2.  Section 614.021(a), Government Code, is amended
  to read as follows:
         (a)  Except as provided by Subsection (b), this subchapter
  applies only to a complaint against:
               (1)  a law enforcement officer appointed or employed by
  a law enforcement agency [of the State of Texas, including an
  officer of the Department of Public Safety or of the Texas Alcoholic
  Beverage Commission]; or
               (2)  a fire fighter [who is] employed by this state or a
  political subdivision of this state[;
               [(3)     a peace officer under Article 2.12, Code of
  Criminal Procedure, or other law who is appointed or employed by a
  political subdivision of this state; or
               [(4)     a detention officer or county jailer who is
  appointed or employed by a political subdivision of this state].
         SECTION 3.  Section 614.022, Government Code, is amended to
  read as follows:
         Sec. 614.022.  COMPLAINT TO BE IN WRITING AND SIGNED BY
  COMPLAINANT. (a) To be considered by the head of a law enforcement
  [state] agency or by the head of a fire department [or local law
  enforcement agency], the complaint must be:
               (1)  in writing; [and]
               (2)  signed by the person making the complaint; and
               (3)  filed with:
                     (A)  the head of the law enforcement agency or
  fire department or that person's designee; or
                     (B)  an independent entity responsible for
  receiving the complaint.
         (b)  Any person, including a law enforcement officer or an
  employee of a law enforcement agency or fire department, may file a
  complaint under this section.
         SECTION 4.  Sections 614.023(a) and (b), Government Code,
  are amended to read as follows:
         (a)  A copy of a signed complaint against an officer or
  employee to whom this subchapter applies [a law enforcement officer
  of this state or a fire fighter, detention officer, county jailer,
  or peace officer appointed or employed by a political subdivision
  of this state] 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 signed complaint against the officer or employee
  is filed; and
               (2)  a copy of the [signed] complaint is given to the
  officer or employee not later than 36 hours before the disciplinary
  action is taken.
         SECTION 5.  The change in law made by this Act applies only
  to a complaint relating to conduct that occurs on or after the
  effective date of this Act. A complaint relating to conduct that
  occurs before the effective date of this Act is governed by the law
  in effect on the date the conduct occurred, and the former law is
  continued in effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2019.