Texas 2025 - 89th Regular

Texas Senate Bill SB280 Compare Versions

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Old	New	Differences
1	1	89R381 MP-F
2	2	By: Miles S.B. No. 280
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to municipal civilian complaint review boards for peace
10	10	officer misconduct in certain municipalities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 5, Local Government Code, is
13	13	amended by adding Chapter 143A to read as follows:
14	14	CHAPTER 143A. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARDS FOR PEACE
15	15	OFFICER MISCONDUCT IN CERTAIN MUNICIPALITIES
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 143A.001. APPLICABILITY. This chapter applies only to
18	18	a municipality with a population of 200,000 or more.
19	19	Sec. 143A.002. DEFINITIONS. In this chapter:
20	20	(1) "Board" means a municipal civilian complaint
21	21	review board for peace officer misconduct.
22	22	(2) "Peace officer" means a peace officer described by
23	23	Article 2.12, Code of Criminal Procedure, appointed or employed to
24	24	serve as a peace officer for a municipality.
25	25	Sec. 143A.003. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD
26	26	FOR PEACE OFFICER MISCONDUCT. A board is established in each
27	27	municipality subject to this chapter to investigate complaints
28	28	alleging peace officer misconduct.
29	29	SUBCHAPTER B. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD FOR PEACE
30	30	OFFICER MISCONDUCT
31	31	Sec. 143A.051. COMPOSITION OF BOARD. A board consists of
32	32	five public members appointed as follows:
33	33	(1) two members appointed by the presiding officer of
34	34	the governing body of the municipality, one of whom must be
35	35	appointed from a list of municipal residents submitted to the
36	36	presiding officer by the governing body of the municipality;
37	37	(2) one member appointed by the county judge of the
38	38	county in which the municipality is wholly or primarily located;
39	39	(3) one member appointed by the police chief of the
40	40	municipal police department; and
41	41	(4) one member appointed by the commissioners court of
42	42	the county in which the municipality is wholly or primarily
43	43	located.
44	44	Sec. 143A.052. INELIGIBILITY. A person is ineligible to
45	45	serve as a board member if the person:
46	46	(1) is a municipal employee;
47	47	(2) holds a public office; or
48	48	(3) has experience as a law enforcement professional,
49	49	including as:
50	50	(A) a peace officer;
51	51	(B) a criminal investigator;
52	52	(C) a special agent; or
53	53	(D) a managerial or supervisory employee with
54	54	substantial policy discretion on law enforcement matters in a
55	55	federal, state, or local law enforcement agency, other than as an
56	56	attorney in a prosecutorial agency.
57	57	Sec. 143A.053. TERMS. A board member is appointed for a
58	58	two-year term.
59	59	Sec. 143A.054. PRESIDING OFFICER. The presiding officer of
60	60	the governing body of the municipality shall designate a board
61	61	member to serve as the presiding officer of the board at the
62	62	pleasure of the presiding officer of the governing body of the
63	63	municipality.
64	64	Sec. 143A.055. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) A
65	65	board member may be removed from a board if the member:
66	66	(1) is ineligible for membership under Section
67	67	143A.052;
68	68	(2) cannot discharge the member's duties for a
69	69	substantial part of the member's term because of illness or
70	70	disability; or
71	71	(3) is absent from more than half of the regularly
72	72	scheduled board meetings during a calendar year without an excuse
73	73	approved by a majority vote of the board.
74	74	(b) The validity of an action of a board is not affected by
75	75	the fact that it is taken when a ground for removal of a board member
76	76	exists.
77	77	(c) If the executive director of a board or another board
78	78	member has knowledge that a potential ground for removal exists,
79	79	the executive director or board member shall notify the presiding
80	80	officer of the board of the potential ground. The presiding officer
81	81	shall then notify the presiding officer of the governing body of the
82	82	municipality that a potential ground for removal exists. If the
83	83	potential ground for removal involves the presiding officer of the
84	84	board, the executive director or board member shall notify the next
85	85	highest ranking officer of the board, who shall then notify the
86	86	presiding officer of the governing body of the municipality that a
87	87	potential ground for removal exists.
88	88	Sec. 143A.056. VACANCY. A vacancy on a board shall be
89	89	filled for the unexpired term in the same manner as the original
90	90	appointment.
91	91	Sec. 143A.057. COMPENSATION; EXPENSES. (a) A board member
92	92	is entitled to a per diem of $150 for each day the member engages in
93	93	board business. The total per diem a board member may receive
94	94	during a fiscal year may not exceed $5,000.
95	95	(b) A board member is entitled to reimbursement for actual
96	96	and necessary expenses incurred in performing the duties of the
97	97	board.
98	98	SUBCHAPTER C. GENERAL POWERS AND DUTIES
99	99	Sec. 143A.101. EXECUTIVE DIRECTOR. A board may employ an
100	100	executive director as necessary to administer the policies of the
101	101	board.
102	102	Sec. 143A.102. PERSONNEL. A board may employ personnel as
103	103	necessary to exercise its powers and fulfill its duties under this
104	104	chapter.
105	105	Sec. 143A.103. RULES. A board may adopt rules as necessary
106	106	to implement this chapter.
107	107	SUBCHAPTER D. INVESTIGATION OF COMPLAINTS
108	108	Sec. 143A.151. INVESTIGATION OF COMPLAINTS. A board may
109	109	investigate a complaint that alleges peace officer misconduct
110	110	involving:
111	111	(1) excessive use of force;
112	112	(2) improper use of power to threaten, intimidate, or
113	113	otherwise mistreat a member of the public;
114	114	(3) a threat of force;
115	115	(4) an unlawful act, search, or seizure; or
116	116	(5) other abuses of authority.
117	117	Sec. 143A.152. FILING OR BOARD INITIATION OF COMPLAINT. A
118	118	complaint may be:
119	119	(1) filed under Section 143A.153; or
120	120	(2) initiated by a majority vote of the board.
121	121	Sec. 143A.153. COMPLAINT ALLEGING MISCONDUCT. (a) A person
122	122	may file a complaint with a board alleging peace officer
123	123	misconduct.
124	124	(b) A complaint must:
125	125	(1) be in writing;
126	126	(2) allege the peace officer engaged in misconduct
127	127	described by Section 143A.151; and
128	128	(3) describe the alleged misconduct.
129	129	(c) A person may file a complaint regardless of whether the
130	130	person is the alleged victim of the misconduct.
131	131	Sec. 143A.154. COMPLAINT REVIEW PROCEDURE. A board shall:
132	132	(1) develop a system to promptly and efficiently act
133	133	on a complaint filed with or initiated by the board;
134	134	(2) maintain information regarding:
135	135	(A) the parties to each complaint;
136	136	(B) the subject matter of each complaint;
137	137	(C) the results of the investigation of a
138	138	complaint; and
139	139	(D) the disposition of each complaint;
140	140	(3) make information available describing the board's
141	141	procedures for complaint investigation and resolution;
142	142	(4) take reasonable measures to ensure the
143	143	confidentiality of all complainants;
144	144	(5) periodically notify the parties to the complaint
145	145	in writing of the status of the complaint; and
146	146	(6) provide the parties to the complaint with the
147	147	name, address, and telephone number of an individual to contact in
148	148	order to give or obtain information regarding the complaint.
149	149	Sec. 143A.155. SUBPOENAS. (a) A board may issue a subpoena
150	150	to compel the attendance of a witness or the production of any book,
151	151	record, or other document reasonably necessary to conduct an
152	152	investigation. A subpoena must relate to a matter under
153	153	investigation by the board.
154	154	(b) If a person refuses to comply with a subpoena issued
155	155	under this section, the board may apply to a court for an order to
156	156	compel the person to comply with the subpoena. Failure to comply
157	157	with the court order is punishable as contempt.
158	158	Sec. 143A.156. DISMISSAL OF CERTAIN ALLEGATIONS; GROUNDS
159	159	FOR CLOSING INVESTIGATION. A board may dismiss an allegation in a
160	160	complaint that the board elects to investigate under Section
161	161	143A.151 and close an investigation without reaching a final
162	162	determination if the person who filed the complaint or the alleged
163	163	victim of the misconduct that is the subject of the complaint
164	164	requests the dismissal.
165	165	Sec. 143A.157. INVESTIGATION OF COMPLAINT BY MUNICIPAL
166	166	ATTORNEY. (a) A board shall forward each complaint that the board
167	167	elects to investigate under Section 143A.151 to the municipal
168	168	attorney.
169	169	(b) The municipal attorney shall investigate the complaint
170	170	by:
171	171	(1) interviewing and obtaining a statement from:
172	172	(A) the complainant;
173	173	(B) each peace officer who is the subject of the
174	174	complaint; and
175	175	(C) each witness to the alleged misconduct; and
176	176	(2) obtaining any documentary or other evidence
177	177	relevant to the investigation.
178	178	(c) The municipal attorney shall complete the investigation
179	179	of a complaint not later than the 120th day after the date the
180	180	municipal attorney receives the complaint from the board.
181	181	Sec. 143A.158. COMPLAINT DETERMINATION AFTER
182	182	INVESTIGATION. (a) After an investigation of a complaint is
183	183	complete, the municipal attorney shall forward the results of the
184	184	investigation to the board or a panel of at least three board
185	185	members. The board or panel shall review the case and make a
186	186	determination on each allegation in the complaint that has not been
187	187	dismissed by the board. The determination of the board or panel
188	188	must be made not later than the 180th day after the date the board
189	189	receives the complaint.
190	190	(b) The board or panel shall state the board's or panel's
191	191	determination regarding each allegation in a complaint as:
192	192	(1) substantiated if the board or panel finds by a
193	193	preponderance of the evidence that the person who is the subject of
194	194	the complaint committed the alleged misconduct;
195	195	(2) exonerated if the board or panel finds by a
196	196	preponderance of the evidence that the person who is the subject of
197	197	the complaint engaged in the action alleged in the complaint but the
198	198	action was not misconduct because the action was lawful and proper;
199	199	(3) unfounded if the board or panel finds by a
200	200	preponderance of the evidence that the person who is the subject of
201	201	the complaint did not commit the alleged misconduct;
202	202	(4) unsubstantiated if the board or panel finds that
203	203	the available evidence is insufficient to make a finding by a
204	204	preponderance of the evidence under Subdivision (1), (2), or (3);
205	205	or
206	206	(5) nonactionable if the board or panel finds that the
207	207	person who is the subject of the complaint is no longer a peace
208	208	officer or cannot be identified.
209	209	Sec. 143A.159. NOTICE OF BOARD'S OR PANEL'S DETERMINATION.
210	210	(a) A board shall notify the parties to the complaint of the
211	211	board's or panel's determination.
212	212	(b) The board shall notify the employer of the peace officer
213	213	who is the subject of the complaint of the board's or panel's
214	214	determination. If the board or panel finds that a complaint is
215	215	substantiated, the board or panel may recommend an appropriate
216	216	disciplinary action to the employer. If the employer fails to take
217	217	disciplinary action against the peace officer before the 30th day
218	218	after the date the board notifies the employer of the board's or
219	219	panel's determination, the board shall forward the case to the
220	220	district attorney, criminal district attorney, or county attorney,
221	221	as appropriate, or to the appropriate United States attorney.
222	222	SECTION 2. The initial members of a municipal civilian
223	223	complaint review board for peace officer misconduct shall be
224	224	appointed as provided by Section 143A.051, Local Government Code,
225	225	as added by this Act, not later than October 1, 2025.
226	226	SECTION 3. The change in law made by Chapter 143A, Local
227	227	Government Code, as added by this Act, applies only to misconduct
228	228	that occurs on or after October 1, 2025. Misconduct that occurs
229	229	before October 1, 2025, is governed by the law in effect when the
230	230	misconduct occurred, and the former law is continued in effect for
231	231	that purpose. For purposes of this section, misconduct occurred
232	232	after October 1, 2025, if any act or omission constituting part of
233	233	the misconduct occurred after that date.
234	234	SECTION 4. This Act takes effect September 1, 2025.