Texas 2021 - 87th Regular

Texas Senate Bill SB2060 Compare Versions

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

Old	New	Differences
1	1	By: Menéndez S.B. No. 2060
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to creating an independent ombudsman within the Texas
7	7	Military Department.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 437.003, Government Code, is amended by
10	10	adding Subsection (a-1) to read as follows:
11	11	(a-1) The governor, with the advice and consent of the
12	12	senate, shall appoint an ombudsman to a two-year term expiring
13	13	February 1 of each odd-numbered year. The ombudsman acts
14	14	independently of the department in the performance of the
15	15	ombudsman's powers and duties under this chapter and is subordinate
16	16	only to the governor in matters related to those duties.
17	17	SECTION 2. Subchapter B, Chapter 437, Government Code, is
18	18	amended by adding Sections 437.064, 437.065, and 437.066 to read as
19	19	follows:
20	20	Sec. 437.064. OMBUDSMAN: ADMINISTRATIVE ATTACHMENT; POWERS
21	21	AND DUTIES. (a) The ombudsman is administratively attached to the
22	22	department. The department shall provide office space and
23	23	administrative support services to the ombudsman.
24	24	(b) The department shall establish procedures to allow a
25	25	service member or department employee to communicate with the
26	26	ombudsman regarding a power or duty of the ombudsman. The
27	27	communication is confidential and privileged.
28	28	(c) The ombudsman may:
29	29	(1) receive complaints, including anonymous
30	30	complaints, alleging sexual harassment, sexual assault, assault,
31	31	and other wrongful conduct by a service member or department
32	32	employee;
33	33	(2) investigate a submitted complaint;
34	34	(3) access department records and facilities related
35	35	to a submitted complaint;
36	36	(4) subpoena the records of a private entity related
37	37	to a submitted complaint;
38	38	(5) as the ombudsman determines appropriate, refer a
39	39	complaint for investigation as a criminal charge or specification
40	40	under Chapter 432;
41	41	(6) track complaints through any disciplinary or
42	42	criminal process against the respondent and provide assistance to
43	43	the complainant through the process; and
44	44	(7) review a criminal investigation conducted by the
45	45	department to:
46	46	(A) ensure the investigation was conducted in an
47	47	accurate, unbiased, and thorough manner; and
48	48	(B) determine whether a pattern of complaints
49	49	exists suggesting that an issue affects more than one service
50	50	member or department employee.
51	51	(d) A complaint submitted to the ombudsman and any
52	52	investigation conducted by the ombudsman under this chapter are
53	53	independent of the system established under Chapter 432.
54	54	(e) Notwithstanding Subsection (c), the ombudsman may not
55	55	conduct an investigation of a complaint that is subject to an
56	56	ongoing investigation under Chapter 432.
57	57	Sec. 437.065. CONFIDENTIALITY OF INFORMATION SUBMITTED TO
58	58	OMBUDSMAN. (a) Except as provided by Subsection (b), the name,
59	59	address, and other personally identifiable information of a person
60	60	who files a complaint with the ombudsman, information generated in
61	61	the course of an investigation of a complaint, and confidential
62	62	records obtained by the ombudsman are confidential and not subject
63	63	to disclosure under Chapter 552.
64	64	(b) Information and records, other than confidential
65	65	information and records concerning a pending investigation or
66	66	criminal action under Chapter 432 or other law, may be disclosed to
67	67	an appropriate person if the ombudsman determines that disclosure
68	68	is:
69	69	(1) in the public interest;
70	70	(2) necessary to enable the ombudsman to perform a
71	71	duty under this chapter; or
72	72	(3) necessary to prevent an assault or sexual assault
73	73	of a service member or department employee.
74	74	Sec. 437.066. PARTNERSHIP WITH THE TEXAS DEPARTMENT OF
75	75	PUBLIC SAFETY. At the request of the service member the Texas
76	76	Military Department shall work with the Texas Rangers Division of
77	77	the Texas Department of Public Safety in referring the case to the
78	78	jurisdiction of the United States Department of Justice, Office of
79	79	the United States Attorney. The department shall establish
80	80	procedures of the referral process between the department, the
81	81	Texas Rangers, and the United States Department of Justice, Office
82	82	of the United States Attorney.
83	83	Sec. 437.067. OMBUDSMAN ANNUAL REPORT. Not later than
84	84	February 1 of each year, the ombudsman shall prepare and submit to
85	85	the governor, the lieutenant governor, the state auditor, and each
86	86	member of the legislature an annual report on the work of the
87	87	ombudsman during the preceding calendar year. The report must
88	88	include:
89	89	(1) the results of any review or investigation
90	90	undertaken by the ombudsman, subject to the confidentiality
91	91	provisions of this subchapter; and
92	92	(2) any recommendations of the ombudsman regarding the
93	93	duties of the ombudsman or the operations of the department.
94	94	SECTION 3. As soon as practicable after the effective date
95	95	of this Act, the governor shall appoint an initial ombudsman for the
96	96	Texas Military Department as required by Section 437.003(a-1),
97	97	Government Code, as added by this Act, to a term expiring February
98	98	1, 2023.
99	99	SECTION 4. This Act takes effect September 1, 2021.