Texas 2015 - 84th Regular

Texas House Bill HB3053 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10624 JTS-F
2	2	By: Fletcher H.B. No. 3053
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to complaints against a law enforcement officer or fire
8	8	fighter.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 614.022, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 614.022. COMPLAINT TO BE IN WRITING AND SIGNED BY
13	13	COMPLAINANT. To be considered by the head of a state agency or by
14	14	the head of a fire department or local law enforcement agency, the
15	15	complaint must [be]:
16	16	(1) be in writing; [and]
17	17	(2) set forth the alleged act or acts of misconduct;
18	18	(3) for an internal complaint, identify the policy,
19	19	rule, or law allegedly violated; and
20	20	(4) be signed by the person making the complaint.
21	21	SECTION 2. Sections 614.023(a) and (c), Government Code,
22	22	are amended to read as follows:
23	23	(a) A copy of a signed complaint against a law enforcement
24	24	officer of this state or a fire fighter, detention officer, county
25	25	jailer, or peace officer appointed or employed by a political
26	26	subdivision of this state shall be given to the officer or employee
27	27	within a reasonable time after the complaint is filed. The officer
28	28	or employee may not be asked to give an oral or written statement
29	29	concerning the subject matter of the complaint until at least 24
30	30	hours after a copy of the complaint has been given to the officer or
31	31	employee.
32	32	(c) In addition to the requirement of Subsection (b), the
33	33	officer or employee may not be indefinitely suspended or terminated
34	34	from employment based on the subject matter of the complaint
35	35	unless:
36	36	(1) the complaint is investigated; [and]
37	37	(2) there is evidence to prove the allegation of
38	38	misconduct; and
39	39	(3) the officer or employee has been provided the
40	40	opportunity to respond to the allegations.
41	41	SECTION 3. Subchapter B, Chapter 614, Government Code, is
42	42	amended by adding Sections 614.024 and 614.025 to read as follows:
43	43	Sec. 614.024. REMEDY AND WAIVER OF SOVEREIGN IMMUNITY. (a)
44	44	An officer or employee may bring suit to enforce the provisions of
45	45	this subchapter.
46	46	(b) In a suit under this section, if the officer or employee
47	47	demonstrates by a preponderance of the evidence that a violation of
48	48	this subchapter occurred, the court shall order reinstatement with
49	49	full back pay and benefits and award attorney's fees and costs. In
50	50	lieu of reinstatement, the court may order front pay.
51	51	(c) Sovereign immunity from suit and liability for damages
52	52	is waived for the purpose of enforcing this subchapter.
53	53	Sec. 614.025. APPEAL. (a) This section applies only to a
54	54	governmental entity that has not adopted an appeal procedure under
55	55	Chapter 143, Local Government Code, or through a collective
56	56	bargaining or meet and confer agreement.
57	57	(b) An officer or employee covered by this subchapter who is
58	58	terminated may request an appeal hearing before:
59	59	(1) the governing body of the state agency or
60	60	governmental entity that employs the officer or employee; or
61	61	(2) an independent arbitrator, if the governing body
62	62	of the state agency or local government by rule, order, or
63	63	ordinance, as applicable, has adopted a process providing for an
64	64	appeal to an arbitrator.
65	65	(c) In the appeal hearing under Subsection (b), the officer
66	66	or employee may be represented by legal counsel and shall be allowed
67	67	to present argument and evidence.
68	68	(d) The governing body shall order reinstatement with back
69	69	pay and benefits if it finds a violation of this subchapter has
70	70	occurred.
71	71	SECTION 4. This Act takes effect September 1, 2015.