82R8136 MCK-D
By: Miles H.B. No. 1470
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas State Civilian Complaint
Review Board to investigate certain allegations of peace officer
misconduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 422 to read as follows:
CHAPTER 422. TEXAS STATE CIVILIAN COMPLAINT REVIEW BOARD
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 422.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas State Civilian Complaint
Review Board.
(2) "Peace officer" means an individual elected,
appointed, or employed to serve as a peace officer for a
governmental entity under Article 2.12, Code of Criminal Procedure,
or other law.
Sec. 422.002. TEXAS STATE CIVILIAN COMPLAINT REVIEW BOARD.
The board is established to investigate allegations of peace
officer misconduct as provided by this chapter.
Sec. 422.003. APPLICATION OF SUNSET ACT. The Texas State
Civilian Complaint Review Board is subject to Chapter 325 (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the board is abolished and this chapter expires September
1, 2023.
[Sections 422.004-422.050 reserved for expansion]
SUBCHAPTER B. TEXAS STATE CIVILIAN COMPLAINT REVIEW BOARD
Sec. 422.051. COMPOSITION OF BOARD. The board consists of
nine public members appointed by the governor, two of whom must be
appointed from a list of candidates submitted by the lieutenant
governor, two of whom must be appointed from a list of candidates
submitted by the speaker of the house of representatives, and two of
whom must be appointed from a list of candidates submitted by the
attorney general.
Sec. 422.052. INELIGIBILITY. A board member may not:
(1) be a state employee;
(2) hold any public office; or
(3) have any experience as a law enforcement
professional, including experience as a peace officer, a criminal
investigator, a special agent, or a managerial or supervisory
employee who exercised substantial policy discretion on law
enforcement matters, in a federal, state, or local law enforcement
agency, other than experience as an attorney in a prosecutorial
agency.
Sec. 422.053. TERMS. Board members are appointed for
two-year terms.
Sec. 422.054. PRESIDING OFFICER. The governor shall
designate a board member as the presiding officer of the board to
serve in that capacity at the pleasure of the governor.
Sec. 422.055. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) It
is a ground for removal from the board that a member:
(1) is ineligible for membership under Section
422.052;
(2) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(3) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority
vote of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Sec. 422.056. VACANCY. A vacancy on the board shall be
filled for the unexpired term in the same manner as the original
appointment.
Sec. 422.057. COMPENSATION; EXPENSES. (a) A member of the
board is entitled to a per diem of $150 for each day the member
engages in board business. The total per diem a board member may
receive during a fiscal year may not exceed $5,000.
(b) A board member is entitled to reimbursement for actual
and necessary expenses incurred in performing the official duties
of the board.
[Sections 422.058-422.100 reserved for expansion]
SUBCHAPTER C. GENERAL POWERS AND DUTIES
Sec. 422.101. EXECUTIVE DIRECTOR. The board shall employ
an executive director to administer the policies of the board.
Sec. 422.102. PERSONNEL. (a) The board may employ
personnel as necessary to exercise its powers and fulfill its
duties under this chapter.
(b) The board shall appoint investigators who have previous
investigative experience to investigate complaints filed under
this chapter.
Sec. 422.103. RULES. The board may adopt rules as necessary
to implement this chapter.
[Sections 422.104-422.150 reserved for expansion]
SUBCHAPTER D. INVESTIGATION OF COMPLAINTS
Sec. 422.151. INVESTIGATION OF COMPLAINTS. (a) The board
may investigate a complaint that alleges peace officer misconduct
involving:
(1) excessive use of force; or
(2) abuse of authority, including the improper use of
powers to threaten, intimidate, or otherwise mistreat a member of
the public, threats of force, and unlawful acts, searches, and
seizures.
(b) A compliant may be filed under Section 422.152 or
initiated by a majority vote of the board.
Sec. 422.152. REQUIREMENTS FOR COMPLAINT. (a) A complaint
filed with the board under this chapter must:
(1) be in writing;
(2) allege the peace officer engaged in misconduct
described by Section 422.151(a); and
(3) describe the alleged misconduct.
(b) The person who files a complaint is not required to be
the alleged victim of the misconduct.
Sec. 422.153. INVESTIGATION OF COMPLAINT. The board shall
assign each complaint filed with the board to an investigator, who
shall take such steps as are necessary to investigate the
complaint, including:
(1) obtaining a statement from the complainant,
witness statements, and documentary evidence; and
(2) interviewing witnesses and any peace officer who
is the subject of the complaint.
Sec. 422.154. COMPLAINT REVIEW PROCEDURE. The board shall:
(1) develop a system to promptly and efficiently act
on complaints filed with the board;
(2) maintain information regarding:
(A) the parties to a complaint;
(B) the subject matter of the complaint;
(C) the results of the investigation of the
complaint; and
(D) the disposition of the complaint;
(3) make information available describing its
procedures for complaint investigation and resolution;
(4) take reasonable measures to ensure the
confidentiality of all complainants;
(5) periodically notify the parties to the complaint
in writing of the status of the complaint until final disposition;
and
(6) provide the parties to the complaint a name,
address, and telephone number of an individual to contact in order
to give or obtain information regarding the complaint.
Sec. 422.155. SUBPOENAS. (a) The board may issue a
subpoena to compel the attendance of a witness or the production of
any book, record, or other document reasonably necessary to conduct
an investigation under this chapter. The subpoena must relate to a
matter under investigation by the board.
(b) If a person refuses to obey a subpoena issued under this
section, the board may apply to a court for an order requiring that
the person obey the subpoena. Failure to obey the court order is
punishable as contempt.
Sec. 422.156. MEDIATION OF COMPLAINTS. (a) As an
alternative to an investigation and proposed discipline, the board
may offer to mediate a complaint filed with the board using a
trained, experienced mediator.
(b) The board shall establish procedures for mediating a
complaint and guidelines for determining which complaints are
appropriate for mediation.
Sec. 422.157. DISMISSAL OF COMPLAINT; GROUNDS FOR CLOSING
INVESTIGATION. The board may dismiss a complaint and close an
investigation without reaching a final determination when the
person who filed the complaint or the alleged victim of misconduct
asks the office to withdraw the complaint.
Sec. 422.158. COMPLAINT DETERMINATION AFTER INVESTIGATION.
(a) After an investigation of a complaint is complete, the
investigator shall forward the investigation to the board or a
panel of at least three board members. The board or panel shall
review the case, including all evidence, and make a determination
on each allegation in the complaint that has not been dismissed by
the board or mediated. The board's determination must be made not
later than six months after the date the board receives the
complaint.
(b) Except as provided by Subsection (c), the determination
for each allegation in the complaint must be:
(1) substantiated;
(2) exonerated;
(3) unfounded;
(4) unsubstantiated; or
(5) miscellaneous.
(c) The director must determine that "the person complained
about remains unidentified" if the person's identity has not been
discovered after the investigation.
(d) In this section, a "substantiated" determination means
that a preponderance of the evidence shows that the person who is
the subject of the complaint committed the alleged misconduct.
(e) In this section, an "exonerated" determination means
that a preponderance of the evidence shows that the person who is
the subject of the complaint engaged in the actions alleged in the
complaint but that the actions were not misconduct because the
person's actions were lawful and proper.
(f) In this section, an "unfounded" determination means
that a preponderance of the evidence shows that the person who is
the subject of the complaint did not commit the alleged misconduct.
(g) In this section, an "unsubstantiated" determination
means that the available evidence was insufficient to reach a
determination on a preponderance of the evidence of substantiated,
exonerated, or unfounded.
(h) In this section, "miscellaneous" means that a
preponderance of the evidence shows that the person who is the
subject of the complaint is no longer a peace officer.
Sec. 422.159. NOTICE OF BOARD'S DETERMINATION. (a) The
board shall notify the person who filed the complaint and each
person who is the subject of the complaint of the board's
determination.
(b) The board shall also notify the employer of the peace
officer who is the subject of the complaint of the board's
determination. If the board finds that a complaint is
substantiated, the board may recommend an appropriate disciplinary
action to the employer. If the peace officer's employer fails to
take disciplinary action against the peace officer before the 30th
day after the date the board notifies the employer of its
determination, the board shall forward the case to the attorney
representing the state in the prosecution of felonies for the
jurisdiction in which the misconduct occurred.
SECTION 2. The initial members of the Texas State Civilian
Complaint Review Board shall be appointed as provided by Section
422.051, Government Code, as added by this Act, not later than
October 1, 2011.
SECTION 3. This Act takes effect September 1, 2011.