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.