87S10174 JCG-D
By: Reynolds H.B. No. 47
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the office of law enforcement
oversight.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 426 to read as follows:
CHAPTER 426. OFFICE OF LAW ENFORCEMENT OVERSIGHT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 426.001. DEFINITIONS. In this chapter:
(1) "Director" means the individual appointed under
this chapter as director for the office.
(2) "Office" means the office of law enforcement
oversight.
Sec. 426.002. ESTABLISHMENT; PURPOSE. The office is a
state agency established for the purpose of monitoring the
operations of law enforcement agencies in this state and the use of
force practices of those agencies.
SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
Sec. 426.051. APPOINTMENT OF DIRECTOR. (a) The governor
shall appoint, with the advice and consent of the senate, a person
to serve as director from a list of persons recommended by the
standing committee of the house of representatives having primary
jurisdiction over criminal justice matters.
(b) The director serves a two-year term.
Sec. 426.052. ASSISTANTS. The director may appoint
assistants to perform, under the direction of the director, the
same duties and to exercise the same powers as the director.
Sec. 426.053. CONFLICT OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be the director and may not be an
employee of the office employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of law
enforcement; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of law
enforcement.
(c) A person may not be the director or act as the general
counsel to the office if the person is required to register as a
lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the office's operation.
Sec. 426.054. REPORT. The director shall prepare and
submit to the governor, the lieutenant governor, and each member of
the legislature:
(1) periodic reports that evaluate systemic issues
affecting law enforcement agencies in this state; and
(2) an annual report that describes:
(A) the work of the director and office;
(B) the results of any review or investigation
undertaken by the office; and
(C) any recommendations that the director has
regarding:
(i) the duties of the director; or
(ii) the operations of law enforcement
agencies in this state.
Sec. 426.055. PROMOTION OF AWARENESS. The office shall
promote awareness among the public regarding:
(1) how the office may be contacted;
(2) the purpose of the office; and
(3) the services the office provides.
Sec. 426.056. RULEMAKING AUTHORITY. The office by rule
shall establish policies and procedures for the operations of the
office, including procedures for receiving and reviewing
complaints under this chapter.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 426.101. POWERS AND DUTIES. (a) The director shall:
(1) review the complaints received by the office
regarding the use of force by peace officers of law enforcement
agencies;
(2) if the director determines that, based on
complaints and other evidence, there is a pattern of excessive
force at a law enforcement agency, conduct an investigation into
the agency's use of force practices; and
(3) if the investigation described by Subdivision (2)
substantiates the alleged pattern of excessive force, request the
appropriate district or county attorney to bring an action under
this chapter to institute reforms to the agency's use of force
practices.
(b) In making the determination described by Subsection
(a)(2), the director may contact or consult with an officer or
employee of a law enforcement agency, a complainant, or any other
individual.
Sec. 426.102. ACCESS TO INFORMATION OF CERTAIN GOVERNMENTAL
ENTITIES. A law enforcement agency shall allow the office access to
the agency's records relating to an investigation conducted under
this chapter. In allowing access to records under this section, the
law enforcement agency shall fully cooperate and collaborate with
the office in a prompt manner in order for the office to carry out
its duties and improve the agency's operations and conditions.
Sec. 426.103. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
(a) The director may subpoena the records of a private entity that
relate to a complaint the office is investigating.
(b) A subpoena issued under this section may be served
personally or by certified mail and must specify a reasonable
return date for providing the sought records.
(c) If a person fails to comply with the subpoena, the
office, acting through the appropriate district attorney or county
attorney, may bring an action to enforce the subpoena in a district
court in this state. On finding that good cause exists for issuing
the subpoena, the court shall order the person to comply with the
subpoena. The court may punish for contempt a person who fails to
obey the court order.
(d) Before the return date specified by the subpoena, the
person receiving the subpoena may, in a district court in Travis
County, petition for an order to modify or quash the subpoena.
Sec. 426.104. ACCESS TO FACILITIES, RECORDS, AND PERSONNEL.
The office may inspect or review without notice any part of a
facility of a law enforcement agency under investigation or any
operation, policy, procedure, record, or log of the agency relating
to:
(1) a complaint received by the office;
(2) the use of force against an individual;
(3) the internal investigations process of the agency;
and
(4) employee or officer recruitment, training,
supervision, or discipline.
SUBCHAPTER D. ENFORCEMENT
Sec. 426.151. ACTION AGAINST LAW ENFORCEMENT AGENCY. (a)
If after an investigation the director determines there is a
pattern of excessive force at a law enforcement agency, the
director shall request the appropriate district or county attorney
to bring an action against the agency for:
(1) appropriate equitable relief, including authority
for the office to require and monitor any changes to policies,
procedures, and other measures necessary to end, to the extent
practicable, the use of excessive force by the peace officers of the
law enforcement agency; or
(2) the appointment of the office as receiver of the
law enforcement agency for the purpose of instituting the changes
described by Subdivision (1).
(b) The office shall assist the district or county attorney
in prosecuting the action, as requested by the district or county
attorney.
(c) Sovereign or governmental immunity, as applicable, is
waived and abolished only to the extent necessary to enforce this
chapter.
SECTION 2. As soon as practicable after the effective date
of this Act, the governor shall appoint the initial director of the
office of law enforcement oversight under Chapter 426, Government
Code, as added by this Act.
SECTION 3. This Act takes effect on the 91st day after the
last day of the legislative session.