By: Menéndez	S.B. No. 1793

	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 [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 the head of the law enforcement agency
	or fire department, or that person's designee.
	(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.  Section 614.023, Government Code, is amended to
	read as follows:
	Sec. 614.023.  COPY OF COMPLAINT TO BE GIVEN TO OFFICER OR
	EMPLOYEE. (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 and before the
	complaint is investigated.
	(b)  Disciplinary action may not be taken against the officer
	or employee unless a signed complaint against the officer or
	employee is filed and 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 sufficient evidence to prove the
	allegation of misconduct.
	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, 2017.