HBA-NMO H.B. 1502 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1502
By: Tillery
Urban Affairs
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Current law sets forth the procedure for the demotion of firefighters or
police officers.  However, the law does not address supervisors who make
frivolous complaints against firefighters or police officers.  H.B. 1502
requires the head of a fire or police department, if the department head
determines that a supervisor filed a frivolous complaint against a
firefighter or police officer, to recommend that the supervisor be demoted
one rank.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter G, Chapter 143, Local Government Code, by
adding Section 143.135, as follows: 
 
Sec. 143.135.  DEMOTION OF SUPERVISOR. (a)  Authorizes a fire fighter or
police officer to file a complaint with the head of the fire or police
department alleging that a supervisor filed a frivolous complaint against
the fire fighter or police officer.  Requires the head of the fire or
police department to order an internal departmental investigation of the
alleged frivolous complaint.  Requires the department head, if the
department head determines based on the results of the investigation that
the complaint against the fire fighter or police officer is frivolous, to
recommend to the Fire Fighters' and Police Officers' Civil Service
Commission (commission) that the supervisor be demoted one rank in
accordance with Section 143.054 (Demotions).  
 
(b)   Authorizes the department head, if a supervisor's complaint against a
fire fighter or police officer results in a recommended demotion,
suspension, or indefinite suspension against the fire fighter or police
officer and the department head determines based on a proceeding before the
commission or an independent hearing examiner that the supervisor's
complaint against the fire fighter or police officer was frivolous, to
recommend to the commission without ordering an internal investigation that
the supervisor be demoted one rank in accordance with Section 143.054.  
 
(c)  Provides that a supervisor's complaint is considered to be frivolous
for purposes of this section if the complaint is groundless and brought in
bad faith, brought for the purpose of harassment, or brought for any other
improper purpose.  
 
SECTION 2.  Effective date: September 1, 1999.
Makes application of this Act prospective.
 
SECTION 3.  Emergency clause.