Texas 2021 - 87th 3rd C.S.

Texas House Bill HB52 Compare Versions

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

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