82R11461 TJB-F
By: Miles H.B. No. 3357
A BILL TO BE ENTITLED
AN ACT
relating to municipal civilian complaint review boards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 5, Local Government Code, is
amended by adding Chapter 143A to read as follows:
CHAPTER 143A. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARDS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 143A.001. APPLICABILITY. This chapter applies only to
a municipality with a population of two million or more.
Sec. 143A.002. DEFINITIONS. In this chapter:
(1) "Board" means a municipal civilian complaint
review board.
(2) "Peace officer" means an individual appointed or
employed to serve as a peace officer for a municipality under
Article 2.12, Code of Criminal Procedure, or other law.
Sec. 143A.003. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD.
A board is established in a municipality subject to this chapter to
investigate allegations of peace officer misconduct as provided by
this chapter.
[Sections 143A.004-143A.050 reserved for expansion]
SUBCHAPTER B. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD
Sec. 143A.051. COMPOSITION OF BOARD. A board consists of
five public members appointed as follows:
(1) two members appointed by the presiding officer of
the governing body of the municipality, one of whom must be
appointed from a list of municipal residents submitted to the
presiding officer by the governing body of the municipality;
(2) one member appointed by the county judge of the
county in which the municipality is primarily located;
(3) one member appointed by the police chief of the
municipal police department; and
(4) one member appointed by the commissioners court of
the county in which the municipality is primarily located.
Sec. 143A.052. INELIGIBILITY. A board member may not:
(1) be a municipal 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. 143A.053. TERMS. Board members are appointed for
two-year terms.
Sec. 143A.054. PRESIDING OFFICER. The presiding officer of
the governing body of the municipality shall designate a board
member as the presiding officer of the board to serve in that
capacity at the pleasure of the presiding officer of the governing
body of the municipality.
Sec. 143A.055. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) It
is a ground for removal from a board that a member:
(1) is ineligible for membership under Section
143A.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 a 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 of a board or another board
member has knowledge that a potential ground for removal exists,
the executive director or board member shall notify the presiding
officer of the board of the potential ground. The presiding officer
shall then notify the presiding officer of the governing body of the
municipality that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer of the
board, the executive director or board member shall notify the next
highest ranking officer of the board, who shall then notify the
presiding officer of the governing body of the municipality that a
potential ground for removal exists.
Sec. 143A.056. VACANCY. A vacancy on a board shall be
filled for the unexpired term in the same manner as the original
appointment.
Sec. 143A.057. COMPENSATION; EXPENSES. (a) A board member
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 143A.058-143A.100 reserved for expansion]
SUBCHAPTER C. GENERAL POWERS AND DUTIES
Sec. 143A.101. EXECUTIVE DIRECTOR. A board shall employ an
executive director if necessary to administer the policies of the
board.
Sec. 143A.102. PERSONNEL. A board may employ personnel as
necessary to exercise its powers and fulfill its duties under this
chapter.
Sec. 143A.103. RULES. A board may adopt rules as necessary
to implement this chapter.
[Sections 143A.104-143A.150 reserved for expansion]
SUBCHAPTER D. INVESTIGATION OF COMPLAINTS
Sec. 143A.151. INVESTIGATION OF COMPLAINTS. (a) A 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 complaint may be filed under Section 143A.152 or
initiated by a majority vote of the board.
Sec. 143A.152. REQUIREMENTS FOR COMPLAINT. (a) A complaint
filed with a board under this chapter must:
(1) be in writing;
(2) allege the peace officer engaged in misconduct
described by Section 143A.151(a); and
(3) describe the alleged misconduct.
(b) A person who files a complaint is not required to be the
alleged victim of the misconduct.
Sec. 143A.153. INVESTIGATION OF COMPLAINT. A board shall
forward each complaint filed with the board to the municipal
attorney's office. The municipal attorney's office 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. 143A.154. COMPLAINT REVIEW PROCEDURE. A 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. 143A.155. SUBPOENAS. (a) A 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. A 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. 143A.156. MEDIATION OF COMPLAINTS. (a) As an
alternative to an investigation and proposed disciplinary action, a
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. 143A.157. DISMISSAL OF COMPLAINT; GROUNDS FOR CLOSING
INVESTIGATION. A 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. 143A.158. COMPLAINT DETERMINATION AFTER
INVESTIGATION. (a) After an investigation of a complaint is
complete, the municipal attorney's office 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 board 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. 143A.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 a municipal civilian
complaint review board shall be appointed as provided by Section
143A.051, Local Government Code, as added by this Act, not later
than October 1, 2011.
SECTION 3. This Act takes effect September 1, 2011.