Texas 2021 - 87th 1st C.S.

Texas House Bill HB47 Compare Versions

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

Old	New	Differences
1	1	87S10174 JCG-D
2	2	By: Reynolds H.B. No. 47
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the office of law enforcement
8	8	oversight.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 4, Government Code, is amended
11	11	by adding Chapter 426 to read as follows:
12	12	CHAPTER 426. OFFICE OF LAW ENFORCEMENT OVERSIGHT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 426.001. DEFINITIONS. In this chapter:
15	15	(1) "Director" means the individual appointed under
16	16	this chapter as director for the office.
17	17	(2) "Office" means the office of law enforcement
18	18	oversight.
19	19	Sec. 426.002. ESTABLISHMENT; PURPOSE. The office is a
20	20	state agency established for the purpose of monitoring the
21	21	operations of law enforcement agencies in this state and the use of
22	22	force practices of those agencies.
23	23	SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
24	24	Sec. 426.051. APPOINTMENT OF DIRECTOR. (a) The governor
25	25	shall appoint, with the advice and consent of the senate, a person
26	26	to serve as director from a list of persons recommended by the
27	27	standing committee of the house of representatives having primary
28	28	jurisdiction over criminal justice matters.
29	29	(b) The director serves a two-year term.
30	30	Sec. 426.052. ASSISTANTS. The director may appoint
31	31	assistants to perform, under the direction of the director, the
32	32	same duties and to exercise the same powers as the director.
33	33	Sec. 426.053. CONFLICT OF INTEREST. (a) In this section,
34	34	"Texas trade association" means a cooperative and voluntarily
35	35	joined statewide association of business or professional
36	36	competitors in this state designed to assist its members and its
37	37	industry or profession in dealing with mutual business or
38	38	professional problems and in promoting their common interest.
39	39	(b) A person may not be the director and may not be an
40	40	employee of the office employed in a "bona fide executive,
41	41	administrative, or professional capacity," as that phrase is used
42	42	for purposes of establishing an exemption to the overtime
43	43	provisions of the federal Fair Labor Standards Act of 1938 (29
44	44	U.S.C. Section 201 et seq.), if:
45	45	(1) the person is an officer, employee, or paid
46	46	consultant of a Texas trade association in the field of law
47	47	enforcement; or
48	48	(2) the person's spouse is an officer, manager, or paid
49	49	consultant of a Texas trade association in the field of law
50	50	enforcement.
51	51	(c) A person may not be the director or act as the general
52	52	counsel to the office if the person is required to register as a
53	53	lobbyist under Chapter 305, Government Code, because of the
54	54	person's activities for compensation on behalf of a profession
55	55	related to the office's operation.
56	56	Sec. 426.054. REPORT. The director shall prepare and
57	57	submit to the governor, the lieutenant governor, and each member of
58	58	the legislature:
59	59	(1) periodic reports that evaluate systemic issues
60	60	affecting law enforcement agencies in this state; and
61	61	(2) an annual report that describes:
62	62	(A) the work of the director and office;
63	63	(B) the results of any review or investigation
64	64	undertaken by the office; and
65	65	(C) any recommendations that the director has
66	66	regarding:
67	67	(i) the duties of the director; or
68	68	(ii) the operations of law enforcement
69	69	agencies in this state.
70	70	Sec. 426.055. PROMOTION OF AWARENESS. The office shall
71	71	promote awareness among the public regarding:
72	72	(1) how the office may be contacted;
73	73	(2) the purpose of the office; and
74	74	(3) the services the office provides.
75	75	Sec. 426.056. RULEMAKING AUTHORITY. The office by rule
76	76	shall establish policies and procedures for the operations of the
77	77	office, including procedures for receiving and reviewing
78	78	complaints under this chapter.
79	79	SUBCHAPTER C. POWERS AND DUTIES
80	80	Sec. 426.101. POWERS AND DUTIES. (a) The director shall:
81	81	(1) review the complaints received by the office
82	82	regarding the use of force by peace officers of law enforcement
83	83	agencies;
84	84	(2) if the director determines that, based on
85	85	complaints and other evidence, there is a pattern of excessive
86	86	force at a law enforcement agency, conduct an investigation into
87	87	the agency's use of force practices; and
88	88	(3) if the investigation described by Subdivision (2)
89	89	substantiates the alleged pattern of excessive force, request the
90	90	appropriate district or county attorney to bring an action under
91	91	this chapter to institute reforms to the agency's use of force
92	92	practices.
93	93	(b) In making the determination described by Subsection
94	94	(a)(2), the director may contact or consult with an officer or
95	95	employee of a law enforcement agency, a complainant, or any other
96	96	individual.
97	97	Sec. 426.102. ACCESS TO INFORMATION OF CERTAIN GOVERNMENTAL
98	98	ENTITIES. A law enforcement agency shall allow the office access to
99	99	the agency's records relating to an investigation conducted under
100	100	this chapter. In allowing access to records under this section, the
101	101	law enforcement agency shall fully cooperate and collaborate with
102	102	the office in a prompt manner in order for the office to carry out
103	103	its duties and improve the agency's operations and conditions.
104	104	Sec. 426.103. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
105	105	(a) The director may subpoena the records of a private entity that
106	106	relate to a complaint the office is investigating.
107	107	(b) A subpoena issued under this section may be served
108	108	personally or by certified mail and must specify a reasonable
109	109	return date for providing the sought records.
110	110	(c) If a person fails to comply with the subpoena, the
111	111	office, acting through the appropriate district attorney or county
112	112	attorney, may bring an action to enforce the subpoena in a district
113	113	court in this state. On finding that good cause exists for issuing
114	114	the subpoena, the court shall order the person to comply with the
115	115	subpoena. The court may punish for contempt a person who fails to
116	116	obey the court order.
117	117	(d) Before the return date specified by the subpoena, the
118	118	person receiving the subpoena may, in a district court in Travis
119	119	County, petition for an order to modify or quash the subpoena.
120	120	Sec. 426.104. ACCESS TO FACILITIES, RECORDS, AND PERSONNEL.
121	121	The office may inspect or review without notice any part of a
122	122	facility of a law enforcement agency under investigation or any
123	123	operation, policy, procedure, record, or log of the agency relating
124	124	to:
125	125	(1) a complaint received by the office;
126	126	(2) the use of force against an individual;
127	127	(3) the internal investigations process of the agency;
128	128	and
129	129	(4) employee or officer recruitment, training,
130	130	supervision, or discipline.
131	131	SUBCHAPTER D. ENFORCEMENT
132	132	Sec. 426.151. ACTION AGAINST LAW ENFORCEMENT AGENCY. (a)
133	133	If after an investigation the director determines there is a
134	134	pattern of excessive force at a law enforcement agency, the
135	135	director shall request the appropriate district or county attorney
136	136	to bring an action against the agency for:
137	137	(1) appropriate equitable relief, including authority
138	138	for the office to require and monitor any changes to policies,
139	139	procedures, and other measures necessary to end, to the extent
140	140	practicable, the use of excessive force by the peace officers of the
141	141	law enforcement agency; or
142	142	(2) the appointment of the office as receiver of the
143	143	law enforcement agency for the purpose of instituting the changes
144	144	described by Subdivision (1).
145	145	(b) The office shall assist the district or county attorney
146	146	in prosecuting the action, as requested by the district or county
147	147	attorney.
148	148	(c) Sovereign or governmental immunity, as applicable, is
149	149	waived and abolished only to the extent necessary to enforce this
150	150	chapter.
151	151	SECTION 2. As soon as practicable after the effective date
152	152	of this Act, the governor shall appoint the initial director of the
153	153	office of law enforcement oversight under Chapter 426, Government
154	154	Code, as added by this Act.
155	155	SECTION 3. This Act takes effect on the 91st day after the
156	156	last day of the legislative session.