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H.B. No. 639
AN ACT
relating to complaints against certain peace officers, fire
fighters, detention officers, and county jailers.
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. (a) Except as
provided by Subsection (b), this [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 this state or a
political subdivision of this 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 this state; or
(4) a detention officer or county jailer who is
appointed or employed by a political subdivision of this state [not
covered by a civil service statute].
(b) This subchapter does not apply to a peace officer or
fire fighter appointed or employed by a political subdivision that
is covered by a meet and confer or collective bargaining agreement
under Chapter 143 or 174, Local Government Code, if that agreement
includes provisions relating to the investigation of, and
disciplinary action resulting from, a complaint against a peace
officer or fire fighter, as applicable.
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 this state or a [,] fire fighter, detention
officer, county jailer, or peace [police] 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 a copy of the signed complaint is given to the
officer or employee.
(c) In addition to the requirement of Subsection (b), the
officer or employee may not be indefinitely suspended or terminated
from employment based on the subject matter of the complaint
unless:
(1) the complaint is investigated; and
(2) there is 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 639 was passed by the House on March
9, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 639 was passed by the Senate on May
19, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor