Texas 2021 - 87th 3rd C.S.

Texas House Bill HB50 Compare Versions

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

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1	1	By: Reynolds H.B. No. 50
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to municipal civilian complaint review boards in certain
7	7	municipalities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle A, Title 5, Local Government Code, is
10	10	amended by adding Chapter 143A to read as follows:
11	11	CHAPTER 143A. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARDS IN
12	12	CERTAIN MUNICIPALITIES
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 143A.001. APPLICABILITY. This chapter applies only to
15	15	a municipality with a population of 500,000 or more.
16	16	Sec. 143A.002. DEFINITIONS. In this chapter:
17	17	(1) "Board" means a municipal civilian complaint
18	18	review board.
19	19	(2) "Peace officer" means a peace officer described by
20	20	Article 2.12, Code of Criminal Procedure, appointed or employed to
21	21	serve as a peace officer for a municipality.
22	22	Sec. 143A.003. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD.
23	23	A board is established in each municipality subject to this chapter
24	24	to investigate complaints alleging peace officer misconduct.
25	25	SUBCHAPTER B. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD
26	26	Sec. 143A.051. COMPOSITION OF BOARD. A board consists of
27	27	five public members appointed as follows:
28	28	(1) two members appointed by the presiding officer of
29	29	the governing body of the municipality, one of whom must be
30	30	appointed from a list of municipal residents submitted to the
31	31	presiding officer by the governing body of the municipality;
32	32	(2) one member appointed by the county judge of the
33	33	county in which the municipality is wholly or primarily located;
34	34	(3) one member appointed by the police chief of the
35	35	municipal police department; and
36	36	(4) one member appointed by the commissioners court of
37	37	the county in which the municipality is wholly or primarily
38	38	located.
39	39	Sec. 143A.052. INELIGIBILITY. A person is ineligible to
40	40	serve as a board member if the person:
41	41	(1) is a municipal employee;
42	42	(2) holds a public office; or
43	43	(3) has experience as a law enforcement professional,
44	44	including as:
45	45	(A) a peace officer;
46	46	(B) a criminal investigator;
47	47	(C) a special agent; or
48	48	(D) a managerial or supervisory employee with
49	49	substantial policy discretion on law enforcement matters in a
50	50	federal, state, or local law enforcement agency, other than as an
51	51	attorney in a prosecutorial agency.
52	52	Sec. 143A.053. TERMS. A board member is appointed for a
53	53	two-year term.
54	54	Sec. 143A.054. PRESIDING OFFICER. The presiding officer of
55	55	the governing body of the municipality shall designate a board
56	56	member to serve as the presiding officer of the board at the
57	57	pleasure of the presiding officer of the governing body of the
58	58	municipality.
59	59	Sec. 143A.055. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) A
60	60	board member may be removed from a board if the member:
61	61	(1) is ineligible for membership under Section
62	62	143A.052;
63	63	(2) cannot discharge the member's duties for a
64	64	substantial part of the member's term because of illness or
65	65	disability; or
66	66	(3) is absent from more than half of the regularly
67	67	scheduled board meetings during a calendar year without an excuse
68	68	approved by a majority vote of the board.
69	69	(b) The validity of an action of a board is not affected by
70	70	the fact that it is taken when a ground for removal of a board member
71	71	exists.
72	72	(c) If the executive director of a board or another board
73	73	member has knowledge that a potential ground for removal exists,
74	74	the executive director or board member shall notify the presiding
75	75	officer of the board of the potential ground. The presiding officer
76	76	shall then notify the presiding officer of the governing body of the
77	77	municipality that a potential ground for removal exists. If the
78	78	potential ground for removal involves the presiding officer of the
79	79	board, the executive director or board member shall notify the next
80	80	highest ranking officer of the board, who shall then notify the
81	81	presiding officer of the governing body of the municipality that a
82	82	potential ground for removal exists.
83	83	Sec. 143A.056. VACANCY. A vacancy on a board shall be
84	84	filled for the unexpired term in the same manner as the original
85	85	appointment.
86	86	Sec. 143A.057. COMPENSATION; EXPENSES. (a) A board member
87	87	is entitled to a per diem of $150 for each day the member engages in
88	88	board business. The total per diem a board member may receive
89	89	during a fiscal year may not exceed $5,000.
90	90	(b) A board member is entitled to reimbursement for actual
91	91	and necessary expenses incurred in performing the duties of the
92	92	board.
93	93	SUBCHAPTER C. GENERAL POWERS AND DUTIES
94	94	Sec. 143A.101. EXECUTIVE DIRECTOR. A board shall employ an
95	95	executive director if necessary to administer the policies of the
96	96	board.
97	97	Sec. 143A.102. PERSONNEL. A board may employ personnel as
98	98	necessary to exercise its powers and fulfill its duties under this
99	99	chapter.
100	100	Sec. 143A.103. RULES. A board may adopt rules as necessary
101	101	to implement this chapter.
102	102	SUBCHAPTER D. INVESTIGATION OF COMPLAINTS
103	103	Sec. 143A.151. INVESTIGATION OF COMPLAINTS. A board may
104	104	investigate a complaint that alleges peace officer misconduct
105	105	involving:
106	106	(1) excessive use of force;
107	107	(2) improper use of power to threaten, intimidate, or
108	108	otherwise mistreat a member of the public;
109	109	(3) a threat of force;
110	110	(4) an unlawful act, search, or seizure; or
111	111	(5) other abuses of authority.
112	112	Sec. 143A.152. FILING OR BOARD INITIATION OF COMPLAINT. A
113	113	complaint may be:
114	114	(1) filed under Section 143A.153; or
115	115	(2) initiated by a majority vote of the board.
116	116	Sec. 143A.153. COMPLAINT ALLEGING MISCONDUCT. (a) A person
117	117	may file a complaint with a board alleging peace officer
118	118	misconduct.
119	119	(b) A complaint must:
120	120	(1) be in writing;
121	121	(2) allege the peace officer engaged in misconduct
122	122	described by Section 143A.151; and
123	123	(3) describe the alleged misconduct.
124	124	(c) A person may file a complaint regardless of whether the
125	125	person is the alleged victim of the misconduct.
126	126	Sec. 143A.154. COMPLAINT REVIEW PROCEDURE. A board shall:
127	127	(1) develop a system to promptly and efficiently act
128	128	on a complaint filed with the board;
129	129	(2) maintain information regarding:
130	130	(A) the parties to each complaint;
131	131	(B) the subject matter of each complaint;
132	132	(C) the results of the investigation of a
133	133	complaint; and
134	134	(D) the disposition of each complaint;
135	135	(3) make information available describing the board's
136	136	procedures for complaint investigation and resolution;
137	137	(4) take reasonable measures to ensure the
138	138	confidentiality of all complainants;
139	139	(5) periodically notify the parties to the complaint
140	140	in writing of the status of the complaint; and
141	141	(6) provide the parties to the complaint with the
142	142	name, address, and telephone number of an individual to contact in
143	143	order to give or obtain information regarding the complaint.
144	144	Sec. 143A.155. SUBPOENAS. (a) A board may issue a subpoena
145	145	to compel the attendance of a witness or the production of any book,
146	146	record, or other document reasonably necessary to conduct an
147	147	investigation. A subpoena must relate to a matter under
148	148	investigation by the board.
149	149	(b) If a person refuses to comply with a subpoena issued
150	150	under this section, the board may apply to a court for an order to
151	151	compel the person to comply with the subpoena. Failure to comply
152	152	with the court order is punishable as contempt.
153	153	Sec. 143A.156. DISMISSAL OF COMPLAINT; GROUNDS FOR CLOSING
154	154	INVESTIGATION. A board may dismiss a complaint and close an
155	155	investigation without reaching a final determination if the person
156	156	who filed the complaint or the alleged victim of misconduct
157	157	requests that the board dismiss the complaint.
158	158	Sec. 143A.157. INVESTIGATION OF COMPLAINT BY MUNICIPAL
159	159	ATTORNEY. (a) A board shall forward each complaint filed with the
160	160	board to the municipal attorney.
161	161	(b) The municipal attorney shall investigate the complaint
162	162	by:
163	163	(1) interviewing and obtaining a statement from:
164	164	(A) the complainant;
165	165	(B) each peace officer who is the subject of the
166	166	complaint; and
167	167	(C) each witness to the alleged misconduct; and
168	168	(2) obtaining any documentary or other evidence
169	169	relevant to the investigation.
170	170	(c) The municipal attorney shall complete the investigation
171	171	of a complaint not later than the 120th day after the date the
172	172	municipal attorney receives the complaint from the board.
173	173	Sec. 143A.158. COMPLAINT DETERMINATION AFTER
174	174	INVESTIGATION. (a) After an investigation of a complaint is
175	175	complete, the municipal attorney shall forward the results of the
176	176	investigation to the board or a panel of at least three board
177	177	members. The board or panel shall review the case and make a
178	178	determination on each allegation in the complaint that has not been
179	179	dismissed by the board. The determination of the board or panel
180	180	must be made not later than the 180th day after the date the board
181	181	receives the complaint.
182	182	(b) The board shall state the board's determination
183	183	regarding each allegation in a complaint as:
184	184	(1) substantiated if the board finds by a
185	185	preponderance of the evidence that the person who is the subject of
186	186	the complaint committed the alleged misconduct;
187	187	(2) exonerated if the board finds by a preponderance
188	188	of the evidence that the person who is the subject of the complaint
189	189	engaged in the action alleged in the complaint but the action was
190	190	not misconduct because the action was lawful and proper;
191	191	(3) unfounded if the board finds by a preponderance of
192	192	the evidence that the person who is the subject of the complaint did
193	193	not commit the alleged misconduct;
194	194	(4) unsubstantiated if the board finds that the
195	195	available evidence is insufficient to make a finding by a
196	196	preponderance of the evidence under Subdivision (1), (2), or (3);
197	197	or
198	198	(5) nonactionable if the board finds that the person
199	199	who is the subject of the complaint is no longer a peace officer or
200	200	cannot be identified.
201	201	Sec. 143A.159. NOTICE OF BOARD'S DETERMINATION. (a) A
202	202	board shall notify the parties to the complaint of the board's
203	203	determination.
204	204	(b) The board shall notify the employer of the peace officer
205	205	who is the subject of the complaint of the board's determination.
206	206	If the board finds that a complaint is substantiated, the board may
207	207	recommend an appropriate disciplinary action to the employer. If
208	208	the employer fails to take disciplinary action against the peace
209	209	officer before the 30th day after the date the board notifies the
210	210	employer of the board's determination, the board shall forward the
211	211	case to the attorney representing the state or to the appropriate
212	212	United States attorney.
213	213	SECTION 2. The initial members of a municipal civilian
214	214	complaint review board shall be appointed as provided by Section
215	215	143A.051, Local Government Code, as added by this Act, not later
216	216	than January 1, 2022.
217	217	SECTION 3. The change in law made by Chapter 143A, Local
218	218	Government Code, as added by this Act, applies only to misconduct
219	219	that occurs on or after January 1, 2022. Misconduct that occurs
220	220	before January 1, 2022, is covered by the law in effect when the
221	221	misconduct occurred, and the former law is continued in effect for
222	222	that purpose.
223	223	SECTION 4. This Act takes effect December 1, 2021.