Texas 2017 - 85th Regular

Texas House Bill HB4005 Compare Versions

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

Old	New	Differences
1	1	85R12412 SCL-D
2	2	By: Thierry H.B. No. 4005
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to civilian complaint review boards in certain
8	8	municipalities and counties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 5, Local Government Code, is
11	11	amended by adding Chapter 179 to read as follows:
12	12	CHAPTER 179. CIVILIAN COMPLAINT REVIEW BOARDS IN CERTAIN
13	13	MUNICIPALITIES AND COUNTIES
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 179.001. APPLICABILITY. This chapter applies only to:
16	16	(1) a municipality with a population of two million or
17	17	more; and
18	18	(2) a county with a population of 3.3 million or more.
19	19	Sec. 179.002. DEFINITIONS. In this chapter:
20	20	(1) "Board" means a civilian complaint review board.
21	21	(2) "Peace officer" means an individual appointed or
22	22	employed to serve as a peace officer for a municipality or county
23	23	under Article 2.12, Code of Criminal Procedure, or other law.
24	24	Sec. 179.003. CIVILIAN COMPLAINT REVIEW BOARD. A board is
25	25	established in each municipality and in each county subject to this
26	26	chapter to investigate allegations of peace officer misconduct as
27	27	provided by this chapter.
28	28	SUBCHAPTER B. CIVILIAN COMPLAINT REVIEW BOARD
29	29	Sec. 179.051. COMPOSITION OF BOARD. (a) A municipal board
30	30	consists of five public members appointed as follows:
31	31	(1) two members appointed by the presiding officer of
32	32	the governing body of the municipality, one of whom must be
33	33	appointed from a list of municipal residents submitted to the
34	34	presiding officer by the governing body of the municipality;
35	35	(2) one member appointed by the county judge of the
36	36	county in which the municipality is primarily located;
37	37	(3) one member appointed by the police chief of the
38	38	municipal police department; and
39	39	(4) one member appointed by the commissioners court of
40	40	the county in which the municipality is primarily located.
41	41	(b) A county board consists of five public members appointed
42	42	as follows:
43	43	(1) two members appointed by the county judge of the
44	44	county;
45	45	(2) one member appointed by the sheriff of the county;
46	46	and
47	47	(3) two members appointed by the commissioners court
48	48	of the county.
49	49	Sec. 179.052. INELIGIBILITY. A board member may not:
50	50	(1) be a municipal or county employee;
51	51	(2) hold any public office; or
52	52	(3) have any experience as a law enforcement
53	53	professional, including as a peace officer, a criminal
54	54	investigator, a special agent, or a managerial or supervisory
55	55	employee with substantial policy discretion on law enforcement
56	56	matters, in a federal, state, or local law enforcement agency,
57	57	other than as an attorney in a prosecutorial agency.
58	58	Sec. 179.053. TERMS. A board member is appointed for a
59	59	two-year term.
60	60	Sec. 179.054. PRESIDING OFFICER. The presiding officer of
61	61	the governing body of the municipality or county judge of the
62	62	county, as applicable, shall designate a board member as the
63	63	presiding officer of the board to serve in that capacity at the
64	64	pleasure of the presiding officer of the governing body of the
65	65	municipality or county judge of the county, as applicable.
66	66	Sec. 179.055. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) A
67	67	board member may be removed from a board if the member:
68	68	(1) is ineligible for membership under Section
69	69	179.052;
70	70	(2) cannot discharge the member's duties for a
71	71	substantial part of the member's term because of illness or
72	72	disability; or
73	73	(3) is absent from more than half of the regularly
74	74	scheduled board meetings during a calendar year without an excuse
75	75	approved by a majority vote of the board.
76	76	(b) The validity of an action of a board is not affected by
77	77	the fact that it is taken when a ground for removal of a board member
78	78	exists.
79	79	(c) If the executive director of a board or another board
80	80	member has knowledge that a potential ground for removal exists,
81	81	the executive director or board member shall notify the presiding
82	82	officer of the board of the potential ground. The presiding officer
83	83	shall then notify the presiding officer of the governing body of the
84	84	municipality or county judge of the county, as applicable, that a
85	85	potential ground for removal exists. If the potential ground for
86	86	removal involves the presiding officer of the board, the executive
87	87	director or board member shall notify the next highest ranking
88	88	officer of the board, who shall then notify the presiding officer of
89	89	the governing body of the municipality or county judge of the
90	90	county, as applicable, that a potential ground for removal exists.
91	91	Sec. 179.056. VACANCY. A vacancy on a board shall be filled
92	92	for the unexpired term in the same manner as the original
93	93	appointment.
94	94	Sec. 179.057. COMPENSATION; EXPENSES. (a) A board member
95	95	is entitled to a per diem of $150 for each day the member engages in
96	96	board business. The total per diem a board member may receive
97	97	during a fiscal year may not exceed $5,000.
98	98	(b) A board member is entitled to reimbursement for actual
99	99	and necessary expenses incurred in performing the official duties
100	100	of the board.
101	101	SUBCHAPTER C. GENERAL POWERS AND DUTIES
102	102	Sec. 179.101. EXECUTIVE DIRECTOR. A board shall employ an
103	103	executive director if necessary to administer the policies of the
104	104	board.
105	105	Sec. 179.102. PERSONNEL. A board may employ personnel as
106	106	necessary to exercise its powers and fulfill its duties under this
107	107	chapter.
108	108	Sec. 179.103. RULES. A board may adopt rules as necessary
109	109	to implement this chapter.
110	110	SUBCHAPTER D. INVESTIGATION OF COMPLAINTS
111	111	Sec. 179.151. INVESTIGATION OF COMPLAINTS. (a) A board may
112	112	investigate a complaint that alleges peace officer misconduct
113	113	involving:
114	114	(1) excessive use of force; or
115	115	(2) abuse of authority, including the improper use of
116	116	power to threaten, intimidate, or otherwise mistreat a member of
117	117	the public, threats of force, and unlawful acts, searches, and
118	118	seizures.
119	119	(b) A complaint may be filed under Section 179.152 or
120	120	initiated by a majority vote of the board.
121	121	Sec. 179.152. COMPLAINT ALLEGING MISCONDUCT. (a) A person
122	122	may file a complaint with a board alleging peace officer
123	123	misconduct.
124	124	(b) A complaint must:
125	125	(1) be in writing;
126	126	(2) allege the peace officer engaged in misconduct
127	127	described by Section 179.151(a); and
128	128	(3) describe the alleged misconduct.
129	129	(c) A person who files a complaint is not required to be the
130	130	alleged victim of the misconduct.
131	131	Sec. 179.153. INVESTIGATION OF COMPLAINT. (a) A board
132	132	shall forward each complaint filed with the board to the municipal
133	133	attorney or county attorney, as applicable. The municipal attorney
134	134	or county attorney, as applicable, shall investigate the complaint
135	135	as necessary, including by:
136	136	(1) interviewing and obtaining a statement from the
137	137	complainant, each peace officer who is the subject of the
138	138	complaint, and each witness to the alleged misconduct; and
139	139	(2) obtaining any documentary or other evidence
140	140	relevant to the investigation.
141	141	(b) The municipal attorney or county attorney, as
142	142	applicable, shall complete the investigation of a complaint not
143	143	later than the 120th day after the date the municipal attorney or
144	144	county attorney received the complaint from the board.
145	145	Sec. 179.154. COMPLAINT REVIEW PROCEDURE. A board shall:
146	146	(1) develop a system to promptly and efficiently act
147	147	on a complaint filed with the board;
148	148	(2) maintain information regarding:
149	149	(A) the parties to each complaint;
150	150	(B) the subject matter of each complaint;
151	151	(C) the results of the investigation of each
152	152	complaint; and
153	153	(D) the disposition of each complaint;
154	154	(3) make information available describing the board's
155	155	procedures for complaint investigation and resolution;
156	156	(4) take reasonable measures to ensure the
157	157	confidentiality of all complainants;
158	158	(5) periodically notify the parties to the complaint
159	159	in writing of the status of the complaint; and
160	160	(6) provide the parties to the complaint with the
161	161	name, address, and telephone number of an individual to contact in
162	162	order to give or obtain information regarding the complaint.
163	163	Sec. 179.155. SUBPOENAS. (a) A board may issue a subpoena
164	164	to compel the attendance of a witness or the production of any book,
165	165	record, or other document reasonably necessary to conduct an
166	166	investigation. A subpoena must relate to a matter under
167	167	investigation by the board.
168	168	(b) If a person refuses to comply with a subpoena issued
169	169	under this section, the board may apply to a court for an order
170	170	requiring the person to comply with the subpoena. Failure to comply
171	171	with the court order is punishable as contempt.
172	172	Sec. 179.156. DISMISSAL OF COMPLAINT; GROUNDS FOR CLOSING
173	173	INVESTIGATION. A board may dismiss a complaint and close an
174	174	investigation without reaching a final determination if the person
175	175	who filed the complaint or the alleged victim of misconduct
176	176	requests that the board dismiss the complaint.
177	177	Sec. 179.157. COMPLAINT DETERMINATION AFTER INVESTIGATION.
178	178	(a) After an investigation of a complaint is complete, the
179	179	municipal attorney or county attorney, as applicable, shall forward
180	180	the investigation to the board or a panel of at least three board
181	181	members. The board or panel shall review the case, including all
182	182	evidence, and make a determination on each allegation in the
183	183	complaint that has not been dismissed by the board. The
184	184	determination of the board or panel must be made not later than the
185	185	180th day after the date the board received the complaint.
186	186	(b) The board shall state the determination of the board
187	187	regarding each allegation in a complaint as:
188	188	(1) substantiated if the board finds by a
189	189	preponderance of the evidence that the person who is the subject of
190	190	the complaint committed the alleged misconduct;
191	191	(2) exonerated if the board finds by a preponderance
192	192	of the evidence that the person who is the subject of the complaint
193	193	engaged in the action alleged in the complaint but the action was
194	194	not misconduct because the action was lawful and proper;
195	195	(3) unfounded if the board finds by a preponderance of
196	196	the evidence that the person who is the subject of the complaint did
197	197	not commit the alleged misconduct;
198	198	(4) unsubstantiated if the board finds that the
199	199	available evidence is insufficient to make a finding by a
200	200	preponderance of the evidence under Subdivision (1), (2), or (3);
201	201	or
202	202	(5) nonactionable if the board finds that the person
203	203	who is the subject of the complaint is no longer a peace officer or
204	204	cannot be identified.
205	205	Sec. 179.158. NOTICE OF BOARD'S DETERMINATION. (a) A board
206	206	shall notify the parties to the complaint of the board's
207	207	determination.
208	208	(b) The board shall notify the employer of the peace officer
209	209	who is the subject of the complaint of the board's determination.
210	210	If the board finds that a complaint is substantiated, the board may
211	211	recommend an appropriate disciplinary action to the employer. If
212	212	the employer fails to take disciplinary action against the peace
213	213	officer before the 30th day after the date the board notifies the
214	214	employer of the board's determination, the board shall forward the
215	215	case to the attorney representing the state or the appropriate
216	216	United States attorney.
217	217	SECTION 2. (a) The initial members of a civilian complaint
218	218	review board shall be appointed as provided by Section 179.051,
219	219	Local Government Code, as added by this Act, not later than October
220	220	1, 2017.
221	221	(b) The change in law made by Chapter 179, Local Government
222	222	Code, as added by this Act, applies only to misconduct that occurs
223	223	on or after October 1, 2017. Misconduct that occurs before October
224	224	1, 2017, is covered by the law in effect when the misconduct
225	225	occurred, and the former law is continued in effect for that
226	226	purpose.
227	227	SECTION 3. This Act takes effect September 1, 2017.