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.