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A BILL TO BE ENTITLED
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AN ACT
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relating to complaints filed against certain law enforcement |
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officers, peace officers, detention officers, county jailers, and |
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fire fighters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 614, Government Code, is |
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amended by adding Section 614.0205 to read as follows: |
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Sec. 614.0205. DEFINITIONS. In this subchapter: |
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(1) "Complaint" means an allegation that a law |
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enforcement officer or fire fighter has committed misconduct or has |
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violated a policy of the law enforcement agency or fire department |
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that appointed or employs the officer or employee. |
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(2) "Law enforcement agency" means an agency of this |
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state or an agency of a political subdivision of this state |
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authorized by law to appoint or employ a law enforcement officer. |
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(3) "Law enforcement officer" means a peace officer |
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under Article 2.12, Code of Criminal Procedure, or other law or a |
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detention officer or county jailer. |
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SECTION 2. Section 614.021(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (b), this subchapter |
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applies only to a complaint against: |
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(1) a law enforcement officer appointed or employed by |
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a law enforcement agency [of the State of Texas, including an
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officer of the Department of Public Safety or of the Texas Alcoholic
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Beverage Commission]; or |
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(2) a fire fighter [who is] employed by this state or a |
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political subdivision of this state[;
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[(3)
a peace officer under Article 2.12, Code of
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Criminal Procedure, or other law who is appointed or employed by a
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political subdivision of this state; or
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[(4)
a detention officer or county jailer who is
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appointed or employed by a political subdivision of this state]. |
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SECTION 3. 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. (a) To be considered by the head of a law enforcement |
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[state] agency or by the head of a fire department [or local law
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enforcement agency], the complaint must be: |
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(1) in writing; [and] |
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(2) signed by the person making the complaint; and |
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(3) filed with: |
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(A) the head of the law enforcement agency or |
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fire department or that person's designee; or |
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(B) an independent entity responsible for |
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receiving the complaint. |
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(b) Any person, including a law enforcement officer or an |
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employee of a law enforcement agency or fire department, may file a |
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complaint under this section. |
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SECTION 4. Sections 614.023(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) A copy of a signed complaint against an officer or |
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employee to whom this subchapter applies [a law enforcement officer
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of this state or a fire fighter, detention officer, county jailer,
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or peace officer appointed or employed by a political subdivision
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of this state] shall be given to the officer or employee within a |
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reasonable time after the complaint is filed. |
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(b) Disciplinary action may not be taken against the officer |
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or employee unless: |
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(1) a signed complaint against the officer or employee |
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is filed; and |
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(2) a copy of the [signed] complaint is given to the |
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officer or employee not later than 36 hours before the disciplinary |
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action is taken. |
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SECTION 5. The change in law made by this Act applies only |
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to a complaint relating to conduct that occurs on or after the |
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effective date of this Act. A complaint relating to conduct that |
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occurs before the effective date of this Act is governed by the law |
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in effect on the date the conduct occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2019. |