Texas 2021 - 87th Regular

Texas House Bill HB959 Compare Versions

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Version 2 (New)

Old	New		Differences
1	1		87R4731 SMT-D
2		-	By: Reynolds, Crockett, Morales Shaw, Campos, H.B. No. 959
3		-	Allen
	2	+	By: Reynolds H.B. No. 959
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to municipal civilian complaint review boards in certain
9	8		municipalities.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Subtitle A, Title 5, Local Government Code, is
12	11		amended by adding Chapter 143A to read as follows:
13	12		CHAPTER 143A. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARDS IN
14	13		CERTAIN MUNICIPALITIES
15	14		SUBCHAPTER A. GENERAL PROVISIONS
16	15		Sec. 143A.001. APPLICABILITY. This chapter applies only to
17	16		a municipality with a population of 500,000 or more.
18	17		Sec. 143A.002. DEFINITIONS. In this chapter:
19	18		(1) "Board" means a municipal civilian complaint
20	19		review board.
21	20		(2) "Peace officer" means a peace officer described by
22	21		Article 2.12, Code of Criminal Procedure, appointed or employed to
23	22		serve as a peace officer for a municipality.
24	23		Sec. 143A.003. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD.
25	24		A board is established in each municipality subject to this chapter
26	25		to investigate complaints alleging peace officer misconduct.
27	26		SUBCHAPTER B. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD
28	27		Sec. 143A.051. COMPOSITION OF BOARD. A board consists of
29	28		five public members appointed as follows:
30	29		(1) two members appointed by the presiding officer of
31	30		the governing body of the municipality, one of whom must be
32	31		appointed from a list of municipal residents submitted to the
33	32		presiding officer by the governing body of the municipality;
34	33		(2) one member appointed by the county judge of the
35	34		county in which the municipality is wholly or primarily located;
36	35		(3) one member appointed by the police chief of the
37	36		municipal police department; and
38	37		(4) one member appointed by the commissioners court of
39	38		the county in which the municipality is wholly or primarily
40	39		located.
41	40		Sec. 143A.052. INELIGIBILITY. A person is ineligible to
42	41		serve as a board member if the person:
43	42		(1) is a municipal employee;
44	43		(2) holds a public office; or
45	44		(3) has experience as a law enforcement professional,
46	45		including as:
47	46		(A) a peace officer;
48	47		(B) a criminal investigator;
49	48		(C) a special agent; or
50	49		(D) a managerial or supervisory employee with
51	50		substantial policy discretion on law enforcement matters in a
52	51		federal, state, or local law enforcement agency, other than as an
53	52		attorney in a prosecutorial agency.
54	53		Sec. 143A.053. TERMS. A board member is appointed for a
55	54		two-year term.
56	55		Sec. 143A.054. PRESIDING OFFICER. The presiding officer of
57	56		the governing body of the municipality shall designate a board
58	57		member to serve as the presiding officer of the board at the
59	58		pleasure of the presiding officer of the governing body of the
60	59		municipality.
61	60		Sec. 143A.055. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) A
62	61		board member may be removed from a board if the member:
63	62		(1) is ineligible for membership under Section
64	63		143A.052;
65	64		(2) cannot discharge the member's duties for a
66	65		substantial part of the member's term because of illness or
67	66		disability; or
68	67		(3) is absent from more than half of the regularly
69	68		scheduled board meetings during a calendar year without an excuse
70	69		approved by a majority vote of the board.
71	70		(b) The validity of an action of a board is not affected by
72	71		the fact that it is taken when a ground for removal of a board member
73	72		exists.
74	73		(c) If the executive director of a board or another board
75	74		member has knowledge that a potential ground for removal exists,
76	75		the executive director or board member shall notify the presiding
77	76		officer of the board of the potential ground. The presiding officer
78	77		shall then notify the presiding officer of the governing body of the
79	78		municipality that a potential ground for removal exists. If the
80	79		potential ground for removal involves the presiding officer of the
81	80		board, the executive director or board member shall notify the next
82	81		highest ranking officer of the board, who shall then notify the
83	82		presiding officer of the governing body of the municipality that a
84	83		potential ground for removal exists.
85	84		Sec. 143A.056. VACANCY. A vacancy on a board shall be
86	85		filled for the unexpired term in the same manner as the original
87	86		appointment.
88	87		Sec. 143A.057. COMPENSATION; EXPENSES. (a) A board member
89	88		is entitled to a per diem of $150 for each day the member engages in
90	89		board business. The total per diem a board member may receive
91	90		during a fiscal year may not exceed $5,000.
92	91		(b) A board member is entitled to reimbursement for actual
93	92		and necessary expenses incurred in performing the duties of the
94	93		board.
95	94		SUBCHAPTER C. GENERAL POWERS AND DUTIES
96	95		Sec. 143A.101. EXECUTIVE DIRECTOR. A board shall employ an
97	96		executive director if necessary to administer the policies of the
98	97		board.
99	98		Sec. 143A.102. PERSONNEL. A board may employ personnel as
100	99		necessary to exercise its powers and fulfill its duties under this
101	100		chapter.
102	101		Sec. 143A.103. RULES. A board may adopt rules as necessary
103	102		to implement this chapter.
104	103		SUBCHAPTER D. INVESTIGATION OF COMPLAINTS
105	104		Sec. 143A.151. INVESTIGATION OF COMPLAINTS. A board may
106	105		investigate a complaint that alleges peace officer misconduct
107	106		involving:
108	107		(1) excessive use of force;
109	108		(2) improper use of power to threaten, intimidate, or
110	109		otherwise mistreat a member of the public;
111	110		(3) a threat of force;
112	111		(4) an unlawful act, search, or seizure; or
113	112		(5) other abuses of authority.
114	113		Sec. 143A.152. FILING OR BOARD INITIATION OF COMPLAINT. A
115	114		complaint may be:
116	115		(1) filed under Section 143A.153; or
117	116		(2) initiated by a majority vote of the board.
118	117		Sec. 143A.153. COMPLAINT ALLEGING MISCONDUCT. (a) A person
119	118		may file a complaint with a board alleging peace officer
120	119		misconduct.
121	120		(b) A complaint must:
122	121		(1) be in writing;
123	122		(2) allege the peace officer engaged in misconduct
124	123		described by Section 143A.151; and
125	124		(3) describe the alleged misconduct.
126	125		(c) A person may file a complaint regardless of whether the
127	126		person is the alleged victim of the misconduct.
128	127		Sec. 143A.154. COMPLAINT REVIEW PROCEDURE. A board shall:
129	128		(1) develop a system to promptly and efficiently act
130	129		on a complaint filed with the board;
131	130		(2) maintain information regarding:
132	131		(A) the parties to each complaint;
133	132		(B) the subject matter of each complaint;
134	133		(C) the results of the investigation of a
135	134		complaint; and
136	135		(D) the disposition of each complaint;
137	136		(3) make information available describing the board's
138	137		procedures for complaint investigation and resolution;
139	138		(4) take reasonable measures to ensure the
140	139		confidentiality of all complainants;
141	140		(5) periodically notify the parties to the complaint
142	141		in writing of the status of the complaint; and
143	142		(6) provide the parties to the complaint with the
144	143		name, address, and telephone number of an individual to contact in
145	144		order to give or obtain information regarding the complaint.
146	145		Sec. 143A.155. SUBPOENAS. (a) A board may issue a subpoena
147	146		to compel the attendance of a witness or the production of any book,
148	147		record, or other document reasonably necessary to conduct an
149	148		investigation. A subpoena must relate to a matter under
150	149		investigation by the board.
151	150		(b) If a person refuses to comply with a subpoena issued
152	151		under this section, the board may apply to a court for an order to
153	152		compel the person to comply with the subpoena. Failure to comply
154	153		with the court order is punishable as contempt.
155	154		Sec. 143A.156. DISMISSAL OF COMPLAINT; GROUNDS FOR CLOSING
156	155		INVESTIGATION. A board may dismiss a complaint and close an
157	156		investigation without reaching a final determination if the person
158	157		who filed the complaint or the alleged victim of misconduct
159	158		requests that the board dismiss the complaint.
160	159		Sec. 143A.157. INVESTIGATION OF COMPLAINT BY MUNICIPAL
161	160		ATTORNEY. (a) A board shall forward each complaint filed with the
162	161		board to the municipal attorney.
163	162		(b) The municipal attorney shall investigate the complaint
164	163		by:
165	164		(1) interviewing and obtaining a statement from:
166	165		(A) the complainant;
167	166		(B) each peace officer who is the subject of the
168	167		complaint; and
169	168		(C) each witness to the alleged misconduct; and
170	169		(2) obtaining any documentary or other evidence
171	170		relevant to the investigation.
172	171		(c) The municipal attorney shall complete the investigation
173	172		of a complaint not later than the 120th day after the date the
174	173		municipal attorney receives the complaint from the board.
175	174		Sec. 143A.158. COMPLAINT DETERMINATION AFTER
176	175		INVESTIGATION. (a) After an investigation of a complaint is
177	176		complete, the municipal attorney shall forward the results of the
178	177		investigation to the board or a panel of at least three board
179	178		members. The board or panel shall review the case and make a
180	179		determination on each allegation in the complaint that has not been
181	180		dismissed by the board. The determination of the board or panel
182	181		must be made not later than the 180th day after the date the board
183	182		receives the complaint.
184	183		(b) The board shall state the board's determination
185	184		regarding each allegation in a complaint as:
186	185		(1) substantiated if the board finds by a
187	186		preponderance of the evidence that the person who is the subject of
188	187		the complaint committed the alleged misconduct;
189	188		(2) exonerated if the board finds by a preponderance
190	189		of the evidence that the person who is the subject of the complaint
191	190		engaged in the action alleged in the complaint but the action was
192	191		not misconduct because the action was lawful and proper;
193	192		(3) unfounded if the board finds by a preponderance of
194	193		the evidence that the person who is the subject of the complaint did
195	194		not commit the alleged misconduct;
196	195		(4) unsubstantiated if the board finds that the
197	196		available evidence is insufficient to make a finding by a
198	197		preponderance of the evidence under Subdivision (1), (2), or (3);
199	198		or
200	199		(5) nonactionable if the board finds that the person
201	200		who is the subject of the complaint is no longer a peace officer or
202	201		cannot be identified.
203	202		Sec. 143A.159. NOTICE OF BOARD'S DETERMINATION. (a) A
204	203		board shall notify the parties to the complaint of the board's
205	204		determination.
206	205		(b) The board shall notify the employer of the peace officer
207	206		who is the subject of the complaint of the board's determination.
208	207		If the board finds that a complaint is substantiated, the board may
209	208		recommend an appropriate disciplinary action to the employer. If
210	209		the employer fails to take disciplinary action against the peace
211	210		officer before the 30th day after the date the board notifies the
212	211		employer of the board's determination, the board shall forward the
213	212		case to the attorney representing the state or to the appropriate
214	213		United States attorney.
215	214		SECTION 2. The initial members of a municipal civilian
216	215		complaint review board shall be appointed as provided by Section
217	216		143A.051, Local Government Code, as added by this Act, not later
218	217		than October 1, 2021.
219	218		SECTION 3. The change in law made by Chapter 143A, Local
220	219		Government Code, as added by this Act, applies only to misconduct
221	220		that occurs on or after October 1, 2021. Misconduct that occurs
222	221		before October 1, 2021, is covered by the law in effect when the
223	222		misconduct occurred, and the former law is continued in effect for
224	223		that purpose.
225	224		SECTION 4. This Act takes effect September 1, 2021.