Tex. Loc. Gov't Code § 161.156 · Subchapter D. COMPLAINT PROCEDURES AND HEARINGS
PROCESSING OF COMPLAINT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The standing preliminary review committee shall determine whether a sworn complaint filed with the commission complies with the form requirements of Section 161.155.
(b) Not later than the 14th day after the date a complaint is filed, the standing preliminary review committee shall send written notice to the complainant and the respondent. The notice must state whether the complaint complies with the form requirements of Section 161.155 and include the information required by Section 161.158(c).
(c) If the standing preliminary review committee determines that the complaint does not comply with the form requirements, the committee shall send the complaint to the complainant with the written notice, a statement explaining how the complaint fails to comply, and a copy of the rules for filing sworn complaints. The complainant may resubmit the complaint not later than the 14th day after the date the notice under Subsection (b) is mailed. If the standing preliminary review committee determines that the complaint is not resubmitted within the 14-day period, the committee shall:
(1) dismiss the complaint; and
(2) not later than the 14th day after the date of the dismissal, send written notice to the complainant and the respondent of the dismissal and the grounds for dismissal.
(d) If the standing preliminary review committee determines that a complaint is resubmitted under Subsection (c) within the 14-day period but is not in proper form, the committee shall send the notice required under Subsection (c), and the complainant may resubmit the complaint under that subsection.
(e) If the standing preliminary review committee determines that a complaint returned to the complainant under Subsection (c) or (d) is resubmitted within the 14-day period and that the complaint complies with the form requirements, the committee shall send the written notice under Subsection (b).
(f) If a complaint filed with the commission is within the jurisdiction of the commission but may also be brought under the provisions of a collective bargaining agreement authorized by Chapter 174, a civil service rule under Section 158.0025, or a rule of the sheriff's department, the commission shall defer jurisdiction over the complaint to the sheriff for disposition. The sheriff may return a complaint deferred under this subsection to the commission for additional proceedings as the commission determines appropriate if the sheriff determines that the conduct alleged in the complaint is not within the scope of the collective bargaining agreement, civil service rule, or sheriff's department rule. The sheriff may not return a complaint deferred under this section if:
(1) the sheriff disciplines the employee under the collective bargaining agreement, civil service rule, or sheriff's department rule for the conduct alleged in the sworn complaint; or
(2) the sheriff determines that the employee did not commit the conduct alleged in the sworn complaint.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 160 (H.B. 2002), Sec. 6, eff. September 1, 2011.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/LG/htm/LG.161.htm
- Text hash
- sha256 de2ed49d47be9e46a64b6d4b635e3d8ed9d52963432cd4797f4797677c452448
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Local Government Code
- Tex. Loc. Gov't Code § 158.0025CREATION OF SHERIFF'S DEPARTMENT CIVIL SERVICE SYSTEM IN CERTAIN COUNTIES NOT COVERED BY SUBCHAPTER B.Printed as Section 158.0025
- Tex. Loc. Gov't Code § 161.155FILING OF COMPLAINT; CONTENTS.Printed as Section 161.155
- Tex. Loc. Gov't Code § 161.158PRELIMINARY REVIEW: INITIATION.Printed as Section 161.158(c)
- Tex. Loc. Gov't Code ch. 174FIRE AND POLICE EMPLOYEE RELATIONSPrinted as Chapter 174
Cited by 4 provisions
Provisions in this library whose text cites Tex. Loc. Gov't Code § 161.156. Each shows the citation as that text prints it.
Local Government Code
- Tex. Loc. Gov't Code § 161.151DEFINITIONS.Printed as Section 161.156(b)
- Tex. Loc. Gov't Code § 161.158PRELIMINARY REVIEW: INITIATION.Printed as Section 161.156 | Section 161.156(b)
- Tex. Loc. Gov't Code § 161.159PRELIMINARY REVIEW: RESPONSE BY RESPONDENT.Printed as Section 161.156(b)
- Tex. Loc. Gov't Code § 161.168STATUS OF COMPLAINT.Printed as Sections 161.156 and 161.167
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.