Texas 2015 - 84th Regular

Texas House Bill HB261 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1294 TJB-F
2	2	By: Miles H.B. No. 261
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to municipal civilian complaint review boards in certain
8	8	municipalities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 5, Local Government Code, is
11	11	amended by adding Chapter 143A to read as follows:
12	12	CHAPTER 143A. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARDS IN
13	13	CERTAIN MUNICIPALITIES
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 143A.001. APPLICABILITY. This chapter applies only to
16	16	a municipality with a population of two million or more.
17	17	Sec. 143A.002. DEFINITIONS. In this chapter:
18	18	(1) "Board" means a municipal civilian complaint
19	19	review board.
20	20	(2) "Peace officer" means an individual appointed or
21	21	employed to serve as a peace officer for a municipality under
22	22	Article 2.12, Code of Criminal Procedure, or other law.
23	23	Sec. 143A.003. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD.
24	24	A board is established in each municipality subject to this chapter
25	25	to investigate allegations of peace officer misconduct as provided
26	26	by this chapter.
27	27	SUBCHAPTER B. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD
28	28	Sec. 143A.051. COMPOSITION OF BOARD. A board consists of
29	29	five public members appointed as follows:
30	30	(1) two members appointed by the presiding officer of
31	31	the governing body of the municipality, one of whom must be
32	32	appointed from a list of municipal residents submitted to the
33	33	presiding officer by the governing body of the municipality;
34	34	(2) one member appointed by the county judge of the
35	35	county in which the municipality is primarily located;
36	36	(3) one member appointed by the police chief of the
37	37	municipal police department; and
38	38	(4) one member appointed by the commissioners court of
39	39	the county in which the municipality is primarily located.
40	40	Sec. 143A.052. INELIGIBILITY. A board member may not:
41	41	(1) be a municipal employee;
42	42	(2) hold any public office; or
43	43	(3) have any experience as a law enforcement
44	44	professional, including as a peace officer, a criminal
45	45	investigator, a special agent, or a managerial or supervisory
46	46	employee with substantial policy discretion on law enforcement
47	47	matters, in a federal, state, or local law enforcement agency,
48	48	other than as an attorney in a prosecutorial agency.
49	49	Sec. 143A.053. TERMS. A board member is appointed for a
50	50	two-year term.
51	51	Sec. 143A.054. PRESIDING OFFICER. The presiding officer of
52	52	the governing body of the municipality shall designate a board
53	53	member as the presiding officer of the board to serve in that
54	54	capacity at the pleasure of the presiding officer of the governing
55	55	body of the municipality.
56	56	Sec. 143A.055. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) A
57	57	board member may be removed from a board if the member:
58	58	(1) is ineligible for membership under Section
59	59	143A.052;
60	60	(2) cannot discharge the member's duties for a
61	61	substantial part of the member's term because of illness or
62	62	disability; or
63	63	(3) is absent from more than half of the regularly
64	64	scheduled board meetings during a calendar year without an excuse
65	65	approved by a majority vote of the board.
66	66	(b) The validity of an action of a board is not affected by
67	67	the fact that it is taken when a ground for removal of a board member
68	68	exists.
69	69	(c) If the executive director of a board or another board
70	70	member has knowledge that a potential ground for removal exists,
71	71	the executive director or board member shall notify the presiding
72	72	officer of the board of the potential ground. The presiding officer
73	73	shall then notify the presiding officer of the governing body of the
74	74	municipality that a potential ground for removal exists. If the
75	75	potential ground for removal involves the presiding officer of the
76	76	board, the executive director or board member shall notify the next
77	77	highest ranking officer of the board, who shall then notify the
78	78	presiding officer of the governing body of the municipality that a
79	79	potential ground for removal exists.
80	80	Sec. 143A.056. VACANCY. A vacancy on a board shall be
81	81	filled for the unexpired term in the same manner as the original
82	82	appointment.
83	83	Sec. 143A.057. COMPENSATION; EXPENSES. (a) A board member
84	84	is entitled to a per diem of $150 for each day the member engages in
85	85	board business. The total per diem a board member may receive
86	86	during a fiscal year may not exceed $5,000.
87	87	(b) A board member is entitled to reimbursement for actual
88	88	and necessary expenses incurred in performing the official duties
89	89	of the board.
90	90	SUBCHAPTER C. GENERAL POWERS AND DUTIES
91	91	Sec. 143A.101. EXECUTIVE DIRECTOR. A board shall employ an
92	92	executive director if necessary to administer the policies of the
93	93	board.
94	94	Sec. 143A.102. PERSONNEL. A board may employ personnel as
95	95	necessary to exercise its powers and fulfill its duties under this
96	96	chapter.
97	97	Sec. 143A.103. RULES. A board may adopt rules as necessary
98	98	to implement this chapter.
99	99	SUBCHAPTER D. INVESTIGATION OF COMPLAINTS
100	100	Sec. 143A.151. INVESTIGATION OF COMPLAINTS. (a) A board
101	101	may investigate a complaint that alleges peace officer misconduct
102	102	involving:
103	103	(1) excessive use of force; or
104	104	(2) abuse of authority, including the improper use of
105	105	power to threaten, intimidate, or otherwise mistreat a member of
106	106	the public, threats of force, and unlawful acts, searches, and
107	107	seizures.
108	108	(b) A complaint may be filed under Section 143A.152 or
109	109	initiated by a majority vote of the board.
110	110	Sec. 143A.152. COMPLAINT ALLEGING MISCONDUCT. (a) A person
111	111	may file a complaint with a board alleging peace officer
112	112	misconduct.
113	113	(b) A complaint must:
114	114	(1) be in writing;
115	115	(2) allege the peace officer engaged in misconduct
116	116	described by Section 143A.151(a); and
117	117	(3) describe the alleged misconduct.
118	118	(c) A person who files a complaint is not required to be the
119	119	alleged victim of the misconduct.
120	120	Sec. 143A.153. INVESTIGATION OF COMPLAINT. (a) A board
121	121	shall forward each complaint filed with the board to the municipal
122	122	attorney. The municipal attorney shall investigate the complaint
123	123	as necessary, including by:
124	124	(1) interviewing and obtaining a statement from the
125	125	complainant, each peace officer who is the subject of the
126	126	complaint, and each witness to the alleged misconduct; and
127	127	(2) obtaining any documentary or other evidence
128	128	relevant to the investigation.
129	129	(b) The municipal attorney shall complete the investigation
130	130	of a complaint not later than the 120th day after the date the
131	131	municipal attorney received the complaint from the board.
132	132	Sec. 143A.154. COMPLAINT REVIEW PROCEDURE. A board shall:
133	133	(1) develop a system to promptly and efficiently act
134	134	on a complaint filed with the board;
135	135	(2) maintain information regarding:
136	136	(A) the parties to each complaint;
137	137	(B) the subject matter of each complaint;
138	138	(C) the results of the investigation of each
139	139	complaint; and
140	140	(D) the disposition of each complaint;
141	141	(3) make information available describing the board's
142	142	procedures for complaint investigation and resolution;
143	143	(4) take reasonable measures to ensure the
144	144	confidentiality of all complainants;
145	145	(5) periodically notify the parties to the complaint
146	146	in writing of the status of the complaint; and
147	147	(6) provide the parties to the complaint with the
148	148	name, address, and telephone number of an individual to contact in
149	149	order to give or obtain information regarding the complaint.
150	150	Sec. 143A.155. SUBPOENAS. (a) A board may issue a subpoena
151	151	to compel the attendance of a witness or the production of any book,
152	152	record, or other document reasonably necessary to conduct an
153	153	investigation. A subpoena must relate to a matter under
154	154	investigation by the board.
155	155	(b) If a person refuses to comply with a subpoena issued
156	156	under this section, the board may apply to a court for an order
157	157	requiring the person to comply with the subpoena. Failure to comply
158	158	with the court order is punishable as contempt.
159	159	Sec. 143A.156. DISMISSAL OF COMPLAINT; GROUNDS FOR CLOSING
160	160	INVESTIGATION. A board may dismiss a complaint and close an
161	161	investigation without reaching a final determination if the person
162	162	who filed the complaint or the alleged victim of misconduct
163	163	requests that the board dismiss the complaint.
164	164	Sec. 143A.157. COMPLAINT DETERMINATION AFTER
165	165	INVESTIGATION. (a) After an investigation of a complaint is
166	166	complete, the municipal attorney shall forward the investigation to
167	167	the board or a panel of at least three board members. The board or
168	168	panel shall review the case, including all evidence, and make a
169	169	determination on each allegation in the complaint that has not been
170	170	dismissed by the board. The determination of the board or panel
171	171	must be made not later than the 180th day after the date the board
172	172	received the complaint.
173	173	(b) The board shall state the determination of the board
174	174	regarding each allegation in a complaint as:
175	175	(1) substantiated if the board finds by a
176	176	preponderance of the evidence that the person who is the subject of
177	177	the complaint committed the alleged misconduct;
178	178	(2) exonerated if the board finds by a preponderance
179	179	of the evidence that the person who is the subject of the complaint
180	180	engaged in the action alleged in the complaint but the action was
181	181	not misconduct because the action was lawful and proper;
182	182	(3) unfounded if the board finds by a preponderance of
183	183	the evidence that the person who is the subject of the complaint did
184	184	not commit the alleged misconduct;
185	185	(4) unsubstantiated if the board finds that the
186	186	available evidence is insufficient to make a finding by a
187	187	preponderance of the evidence under Subdivision (1), (2), or (3);
188	188	or
189	189	(5) nonactionable if the board finds that the person
190	190	who is the subject of the complaint is no longer a peace officer or
191	191	cannot be identified.
192	192	Sec. 143A.158. NOTICE OF BOARD'S DETERMINATION. (a) A
193	193	board shall notify the parties to the complaint of the board's
194	194	determination.
195	195	(b) The board shall notify the employer of the peace officer
196	196	who is the subject of the complaint of the board's determination.
197	197	If the board finds that a complaint is substantiated, the board may
198	198	recommend an appropriate disciplinary action to the employer. If
199	199	the employer fails to take disciplinary action against the peace
200	200	officer before the 30th day after the date the board notifies the
201	201	employer of the board's determination, the board shall forward the
202	202	case to the attorney representing the state or the appropriate
203	203	United States attorney.
204	204	SECTION 2. (a) The initial members of a municipal civilian
205	205	complaint review board shall be appointed as provided by Section
206	206	143A.051, Local Government Code, as added by this Act, not later
207	207	than October 1, 2015.
208	208	(b) The change in law made by Chapter 143A, Local Government
209	209	Code, as added by this Act, applies only to misconduct that occurs
210	210	on or after October 1, 2015. Misconduct that occurs before October
211	211	1, 2015, is covered by the law in effect when the misconduct
212	212	occurred, and the former law is continued in effect for that
213	213	purpose.
214	214	SECTION 3. This Act takes effect September 1, 2015.