By: Menéndez S.B. No. 2060
A BILL TO BE ENTITLED
AN ACT
relating to creating an independent ombudsman within the Texas
Military Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.003, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The governor, with the advice and consent of the
senate, shall appoint an ombudsman to a two-year term expiring
February 1 of each odd-numbered year. The ombudsman acts
independently of the department in the performance of the
ombudsman's powers and duties under this chapter and is subordinate
only to the governor in matters related to those duties.
SECTION 2. Subchapter B, Chapter 437, Government Code, is
amended by adding Sections 437.064, 437.065, and 437.066 to read as
follows:
Sec. 437.064. OMBUDSMAN: ADMINISTRATIVE ATTACHMENT; POWERS
AND DUTIES. (a) The ombudsman is administratively attached to the
department. The department shall provide office space and
administrative support services to the ombudsman.
(b) The department shall establish procedures to allow a
service member or department employee to communicate with the
ombudsman regarding a power or duty of the ombudsman. The
communication is confidential and privileged.
(c) The ombudsman may:
(1) receive complaints, including anonymous
complaints, alleging sexual harassment, sexual assault, assault,
and other wrongful conduct by a service member or department
employee;
(2) investigate a submitted complaint;
(3) access department records and facilities related
to a submitted complaint;
(4) subpoena the records of a private entity related
to a submitted complaint;
(5) as the ombudsman determines appropriate, refer a
complaint for investigation as a criminal charge or specification
under Chapter 432;
(6) track complaints through any disciplinary or
criminal process against the respondent and provide assistance to
the complainant through the process; and
(7) review a criminal investigation conducted by the
department to:
(A) ensure the investigation was conducted in an
accurate, unbiased, and thorough manner; and
(B) determine whether a pattern of complaints
exists suggesting that an issue affects more than one service
member or department employee.
(d) A complaint submitted to the ombudsman and any
investigation conducted by the ombudsman under this chapter are
independent of the system established under Chapter 432.
(e) Notwithstanding Subsection (c), the ombudsman may not
conduct an investigation of a complaint that is subject to an
ongoing investigation under Chapter 432.
Sec. 437.065. CONFIDENTIALITY OF INFORMATION SUBMITTED TO
OMBUDSMAN. (a) Except as provided by Subsection (b), the name,
address, and other personally identifiable information of a person
who files a complaint with the ombudsman, information generated in
the course of an investigation of a complaint, and confidential
records obtained by the ombudsman are confidential and not subject
to disclosure under Chapter 552.
(b) Information and records, other than confidential
information and records concerning a pending investigation or
criminal action under Chapter 432 or other law, may be disclosed to
an appropriate person if the ombudsman determines that disclosure
is:
(1) in the public interest;
(2) necessary to enable the ombudsman to perform a
duty under this chapter; or
(3) necessary to prevent an assault or sexual assault
of a service member or department employee.
Sec. 437.066. PARTNERSHIP WITH THE TEXAS DEPARTMENT OF
PUBLIC SAFETY. At the request of the service member the Texas
Military Department shall work with the Texas Rangers Division of
the Texas Department of Public Safety in referring the case to the
jurisdiction of the United States Department of Justice, Office of
the United States Attorney. The department shall establish
procedures of the referral process between the department, the
Texas Rangers, and the United States Department of Justice, Office
of the United States Attorney.
Sec. 437.067. OMBUDSMAN ANNUAL REPORT. Not later than
February 1 of each year, the ombudsman shall prepare and submit to
the governor, the lieutenant governor, the state auditor, and each
member of the legislature an annual report on the work of the
ombudsman during the preceding calendar year. The report must
include:
(1) the results of any review or investigation
undertaken by the ombudsman, subject to the confidentiality
provisions of this subchapter; and
(2) any recommendations of the ombudsman regarding the
duties of the ombudsman or the operations of the department.
SECTION 3. As soon as practicable after the effective date
of this Act, the governor shall appoint an initial ombudsman for the
Texas Military Department as required by Section 437.003(a-1),
Government Code, as added by this Act, to a term expiring February
1, 2023.
SECTION 4. This Act takes effect September 1, 2021.