False Complaints

Although rare, citizens have made false reports against police employees. When this happens, the case is turned over to the appropriate prosecuting attorney for criminal charges.

Texas Government Code

Complaint Against Law Enforcement Officer or Firefighter

• Sec. 614.022. Complaint to be in Writing and Signed by Complainant
  • To be considered by the head of a state agency or by the head of a fire or police department, the complaint must be in writing and signed by the person making the complaint
• Sec. 614.023. Copy of Complaint to be Given to Officer or Employee
  • A copy of a signed complaint against a law enforcement officer, firefighter or police officer shall be given to the officer or employee within a reasonable time after the complaint is filed
  • Disciplinary action may not be taken against the officer or employee unless a copy of the signed complaint is given to the officer or employee

Acts 1993, 73rd Leg., Ch/263.Sec.1, Eff. September 1st, 1993

Texas Penal Code

Sec.37.02 - Perjury

• A person commits an offense, if with intent to deceive and with knowledge of the statements meaning:
  • He makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or
  • He makes a false sworn declaration under Chapter 132, Civil Practice and Remedies Code
• An offense under this section is a Class A misdemeanor

Sec.37.03 - Aggravated Perjury

• A person commits an offense if he commits perjury as defined in Section 37.02. and the false statement:
  • Is made during or in connection with an official proceeding; and
  • Is material
• An offense under this section is a felony of the third degree