Texas 2023 - 88th Regular

Texas House Bill HB894 Compare Versions

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1	1	88R3674 KBB-D
2	2	By: Reynolds H.B. No. 894
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to municipal civilian complaint review boards in certain
8	8	municipalities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 5, Local Government Code, is
11	11	amended by adding Chapter 143A to read as follows:
12	12	CHAPTER 143A. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARDS IN
13	13	CERTAIN MUNICIPALITIES
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 143A.001. APPLICABILITY. This chapter applies only to
16	16	a municipality with a population of 500,000 or more.
17	17	Sec. 143A.002. DEFINITIONS. In this chapter:
18	18	(1) "Board" means a municipal civilian complaint
19	19	review board.
20	20	(2) "Peace officer" means a peace officer described by
21	21	Article 2.12, Code of Criminal Procedure, appointed or employed to
22	22	serve as a peace officer for a municipality.
23	23	Sec. 143A.003. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD.
24	24	A board is established in each municipality subject to this chapter
25	25	to investigate complaints alleging peace officer misconduct.
26	26	SUBCHAPTER B. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD
27	27	Sec. 143A.051. COMPOSITION OF BOARD. A board consists of
28	28	five public members appointed as follows:
29	29	(1) two members appointed by the presiding officer of
30	30	the governing body of the municipality, one of whom must be
31	31	appointed from a list of municipal residents submitted to the
32	32	presiding officer by the governing body of the municipality;
33	33	(2) one member appointed by the county judge of the
34	34	county in which the municipality is wholly or primarily located;
35	35	(3) one member appointed by the police chief of the
36	36	municipal police department; and
37	37	(4) one member appointed by the commissioners court of
38	38	the county in which the municipality is wholly or primarily
39	39	located.
40	40	Sec. 143A.052. INELIGIBILITY. A person is ineligible to
41	41	serve as a board member if the person:
42	42	(1) is a municipal employee;
43	43	(2) holds a public office; or
44	44	(3) has experience as a law enforcement professional,
45	45	including as:
46	46	(A) a peace officer;
47	47	(B) a criminal investigator;
48	48	(C) a special agent; or
49	49	(D) a managerial or supervisory employee with
50	50	substantial policy discretion on law enforcement matters in a
51	51	federal, state, or local law enforcement agency, other than as an
52	52	attorney in a prosecutorial agency.
53	53	Sec. 143A.053. TERMS. A board member is appointed for a
54	54	two-year term.
55	55	Sec. 143A.054. PRESIDING OFFICER. The presiding officer of
56	56	the governing body of the municipality shall designate a board
57	57	member to serve as the presiding officer of the board at the
58	58	pleasure of the presiding officer of the governing body of the
59	59	municipality.
60	60	Sec. 143A.055. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) A
61	61	board member may be removed from a board if the member:
62	62	(1) is ineligible for membership under Section
63	63	143A.052;
64	64	(2) cannot discharge the member's duties for a
65	65	substantial part of the member's term because of illness or
66	66	disability; or
67	67	(3) is absent from more than half of the regularly
68	68	scheduled board meetings during a calendar year without an excuse
69	69	approved by a majority vote of the board.
70	70	(b) The validity of an action of a board is not affected by
71	71	the fact that it is taken when a ground for removal of a board member
72	72	exists.
73	73	(c) If the executive director of a board or another board
74	74	member has knowledge that a potential ground for removal exists,
75	75	the executive director or board member shall notify the presiding
76	76	officer of the board of the potential ground. The presiding officer
77	77	shall then notify the presiding officer of the governing body of the
78	78	municipality that a potential ground for removal exists. If the
79	79	potential ground for removal involves the presiding officer of the
80	80	board, the executive director or board member shall notify the next
81	81	highest ranking officer of the board, who shall then notify the
82	82	presiding officer of the governing body of the municipality that a
83	83	potential ground for removal exists.
84	84	Sec. 143A.056. VACANCY. A vacancy on a board shall be
85	85	filled for the unexpired term in the same manner as the original
86	86	appointment.
87	87	Sec. 143A.057. COMPENSATION; EXPENSES. (a) A board member
88	88	is entitled to a per diem of $150 for each day the member engages in
89	89	board business. The total per diem a board member may receive
90	90	during a fiscal year may not exceed $5,000.
91	91	(b) A board member is entitled to reimbursement for actual
92	92	and necessary expenses incurred in performing the duties of the
93	93	board.
94	94	SUBCHAPTER C. GENERAL POWERS AND DUTIES
95	95	Sec. 143A.101. EXECUTIVE DIRECTOR. A board shall employ an
96	96	executive director if necessary to administer the policies of the
97	97	board.
98	98	Sec. 143A.102. PERSONNEL. A board may employ personnel as
99	99	necessary to exercise its powers and fulfill its duties under this
100	100	chapter.
101	101	Sec. 143A.103. RULES. A board may adopt rules as necessary
102	102	to implement this chapter.
103	103	SUBCHAPTER D. INVESTIGATION OF COMPLAINTS
104	104	Sec. 143A.151. INVESTIGATION OF COMPLAINTS. A board may
105	105	investigate a complaint that alleges peace officer misconduct
106	106	involving:
107	107	(1) excessive use of force;
108	108	(2) improper use of power to threaten, intimidate, or
109	109	otherwise mistreat a member of the public;
110	110	(3) a threat of force;
111	111	(4) an unlawful act, search, or seizure; or
112	112	(5) another abuse of authority.
113	113	Sec. 143A.152. FILING OR BOARD INITIATION OF COMPLAINT. A
114	114	complaint may be:
115	115	(1) filed under Section 143A.153; or
116	116	(2) initiated by a majority vote of the board.
117	117	Sec. 143A.153. COMPLAINT ALLEGING MISCONDUCT. (a) A person
118	118	may file a complaint with a board alleging peace officer
119	119	misconduct.
120	120	(b) A complaint must:
121	121	(1) be in writing;
122	122	(2) allege the peace officer engaged in misconduct
123	123	described by Section 143A.151; and
124	124	(3) describe the alleged misconduct.
125	125	(c) A person may file a complaint regardless of whether the
126	126	person is the alleged victim of the misconduct.
127	127	Sec. 143A.154. COMPLAINT REVIEW PROCEDURE. A board shall:
128	128	(1) develop a system to promptly and efficiently act
129	129	on a complaint filed with the board;
130	130	(2) maintain information regarding:
131	131	(A) the parties to each complaint;
132	132	(B) the subject matter of each complaint;
133	133	(C) the results of the investigation of a
134	134	complaint; and
135	135	(D) the disposition of each complaint;
136	136	(3) make information available describing the board's
137	137	procedures for complaint investigation and resolution;
138	138	(4) take reasonable measures to ensure the
139	139	confidentiality of all complainants;
140	140	(5) periodically notify the parties to the complaint
141	141	in writing of the status of the complaint; and
142	142	(6) provide the parties to the complaint with the
143	143	name, address, and telephone number of an individual to contact in
144	144	order to give or obtain information regarding the complaint.
145	145	Sec. 143A.155. SUBPOENAS. (a) A board may issue a subpoena
146	146	to compel the attendance of a witness or the production of any book,
147	147	record, or other document reasonably necessary to conduct an
148	148	investigation. A subpoena must relate to a matter under
149	149	investigation by the board.
150	150	(b) If a person refuses to comply with a subpoena issued
151	151	under this section, the board may apply to a court for an order to
152	152	compel the person to comply with the subpoena. Failure to comply
153	153	with the court order is punishable as contempt.
154	154	Sec. 143A.156. DISMISSAL OF COMPLAINT; GROUNDS FOR CLOSING
155	155	INVESTIGATION. A board may dismiss a complaint and close an
156	156	investigation without reaching a final determination if the person
157	157	who filed the complaint or the alleged victim of misconduct
158	158	requests that the board dismiss the complaint.
159	159	Sec. 143A.157. INVESTIGATION OF COMPLAINT BY MUNICIPAL
160	160	ATTORNEY. (a) A board shall forward each complaint filed with the
161	161	board to the municipal attorney.
162	162	(b) The municipal attorney shall investigate the complaint
163	163	by:
164	164	(1) interviewing and obtaining a statement from:
165	165	(A) the complainant;
166	166	(B) each peace officer who is the subject of the
167	167	complaint; and
168	168	(C) each witness to the alleged misconduct; and
169	169	(2) obtaining any documentary or other evidence
170	170	relevant to the investigation.
171	171	(c) The municipal attorney shall complete the investigation
172	172	of a complaint not later than the 120th day after the date the
173	173	municipal attorney receives the complaint from the board.
174	174	Sec. 143A.158. COMPLAINT DETERMINATION AFTER
175	175	INVESTIGATION. (a) After an investigation of a complaint is
176	176	complete, the municipal attorney shall forward the results of the
177	177	investigation to the board or a panel of at least three board
178	178	members. The board or panel shall review the case and make a
179	179	determination on each allegation in the complaint that has not been
180	180	dismissed by the board. The determination of the board or panel
181	181	must be made not later than the 180th day after the date the board
182	182	receives the complaint.
183	183	(b) The board shall state the board's determination
184	184	regarding each allegation in a complaint as:
185	185	(1) substantiated if the board finds by a
186	186	preponderance of the evidence that the person who is the subject of
187	187	the complaint committed the alleged misconduct;
188	188	(2) exonerated if the board finds by a preponderance
189	189	of the evidence that the person who is the subject of the complaint
190	190	engaged in the action alleged in the complaint but the action was
191	191	not misconduct because the action was lawful and proper;
192	192	(3) unfounded if the board finds by a preponderance of
193	193	the evidence that the person who is the subject of the complaint did
194	194	not commit the alleged misconduct;
195	195	(4) unsubstantiated if the board finds that the
196	196	available evidence is insufficient to make a finding by a
197	197	preponderance of the evidence under Subdivision (1), (2), or (3);
198	198	or
199	199	(5) nonactionable if the board finds that the person
200	200	who is the subject of the complaint is no longer a peace officer or
201	201	cannot be identified.
202	202	Sec. 143A.159. NOTICE OF BOARD'S DETERMINATION. (a) A
203	203	board shall notify the parties to the complaint of the board's
204	204	determination.
205	205	(b) The board shall notify the employer of the peace officer
206	206	who is the subject of the complaint of the board's determination.
207	207	If the board finds that a complaint is substantiated, the board may
208	208	recommend an appropriate disciplinary action to the employer. If
209	209	the employer fails to take disciplinary action against the peace
210	210	officer before the 30th day after the date the board notifies the
211	211	employer of the board's determination, the board shall forward the
212	212	case to the attorney representing the state or to the appropriate
213	213	United States attorney.
214	214	SECTION 2. The initial members of a municipal civilian
215	215	complaint review board shall be appointed as provided by Section
216	216	143A.051, Local Government Code, as added by this Act, not later
217	217	than October 1, 2023.
218	218	SECTION 3. The change in law made by Chapter 143A, Local
219	219	Government Code, as added by this Act, applies only to misconduct
220	220	that occurs on or after October 1, 2023. Misconduct that occurs
221	221	before October 1, 2023, is covered by the law in effect when the
222	222	misconduct occurred, and the former law is continued in effect for
223	223	that purpose.
224	224	SECTION 4. This Act takes effect September 1, 2023.