Bill Text: TX HB4005 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to civilian complaint review boards in certain municipalities and counties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-04-03 - Referred to Homeland Security & Public Safety [HB4005 Detail]

Download: Texas-2017-HB4005-Introduced.html

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85R12412 SCL-D
By: Thierry H.B. No. 4005

A BILL TO BE ENTITLED
AN ACT
relating to civilian complaint review boards in certain
municipalities and counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Local Government Code, is
amended by adding Chapter 179 to read as follows:
CHAPTER 179. CIVILIAN COMPLAINT REVIEW BOARDS IN CERTAIN
MUNICIPALITIES AND COUNTIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 179.001. APPLICABILITY. This chapter applies only to:
(1) a municipality with a population of two million or
more; and
(2) a county with a population of 3.3 million or more.
Sec. 179.002. DEFINITIONS. In this chapter:
(1) "Board" means a civilian complaint review board.
(2) "Peace officer" means an individual appointed or
employed to serve as a peace officer for a municipality or county
under Article 2.12, Code of Criminal Procedure, or other law.
Sec. 179.003. CIVILIAN COMPLAINT REVIEW BOARD. A board is
established in each municipality and in each county subject to this
chapter to investigate allegations of peace officer misconduct as
provided by this chapter.
SUBCHAPTER B. CIVILIAN COMPLAINT REVIEW BOARD
Sec. 179.051. COMPOSITION OF BOARD. (a) A municipal board
consists of five public members appointed as follows:
(1) two members appointed by the presiding officer of
the governing body of the municipality, one of whom must be
appointed from a list of municipal residents submitted to the
presiding officer by the governing body of the municipality;
(2) one member appointed by the county judge of the
county in which the municipality is primarily located;
(3) one member appointed by the police chief of the
municipal police department; and
(4) one member appointed by the commissioners court of
the county in which the municipality is primarily located.
(b) A county board consists of five public members appointed
as follows:
(1) two members appointed by the county judge of the
county;
(2) one member appointed by the sheriff of the county;
and
(3) two members appointed by the commissioners court
of the county.
Sec. 179.052. INELIGIBILITY. A board member may not:
(1) be a municipal or county employee;
(2) hold any public office; or
(3) have any experience as a law enforcement
professional, including as a peace officer, a criminal
investigator, a special agent, or a managerial or supervisory
employee with substantial policy discretion on law enforcement
matters, in a federal, state, or local law enforcement agency,
other than as an attorney in a prosecutorial agency.
Sec. 179.053. TERMS. A board member is appointed for a
two-year term.
Sec. 179.054. PRESIDING OFFICER. The presiding officer of
the governing body of the municipality or county judge of the
county, as applicable, shall designate a board member as the
presiding officer of the board to serve in that capacity at the
pleasure of the presiding officer of the governing body of the
municipality or county judge of the county, as applicable.
Sec. 179.055. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) A
board member may be removed from a board if the member:
(1) is ineligible for membership under Section
179.052;
(2) cannot discharge the member's duties for a
substantial part of the member's term because of illness or
disability; or
(3) is absent from more than half of the regularly
scheduled board meetings during a calendar year without an excuse
approved by a majority vote of the board.
(b) The validity of an action of a board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the executive director of a board or another board
member has knowledge that a potential ground for removal exists,
the executive director or board member shall notify the presiding
officer of the board of the potential ground. The presiding officer
shall then notify the presiding officer of the governing body of the
municipality or county judge of the county, as applicable, that a
potential ground for removal exists. If the potential ground for
removal involves the presiding officer of the board, the executive
director or board member shall notify the next highest ranking
officer of the board, who shall then notify the presiding officer of
the governing body of the municipality or county judge of the
county, as applicable, that a potential ground for removal exists.
Sec. 179.056. VACANCY. A vacancy on a board shall be filled
for the unexpired term in the same manner as the original
appointment.
Sec. 179.057. COMPENSATION; EXPENSES. (a) A board member
is entitled to a per diem of $150 for each day the member engages in
board business. The total per diem a board member may receive
during a fiscal year may not exceed $5,000.
(b) A board member is entitled to reimbursement for actual
and necessary expenses incurred in performing the official duties
of the board.
SUBCHAPTER C. GENERAL POWERS AND DUTIES
Sec. 179.101. EXECUTIVE DIRECTOR. A board shall employ an
executive director if necessary to administer the policies of the
board.
Sec. 179.102. PERSONNEL. A board may employ personnel as
necessary to exercise its powers and fulfill its duties under this
chapter.
Sec. 179.103. RULES. A board may adopt rules as necessary
to implement this chapter.
SUBCHAPTER D. INVESTIGATION OF COMPLAINTS
Sec. 179.151. INVESTIGATION OF COMPLAINTS. (a) A board may
investigate a complaint that alleges peace officer misconduct
involving:
(1) excessive use of force; or
(2) abuse of authority, including the improper use of
power to threaten, intimidate, or otherwise mistreat a member of
the public, threats of force, and unlawful acts, searches, and
seizures.
(b) A complaint may be filed under Section 179.152 or
initiated by a majority vote of the board.
Sec. 179.152. COMPLAINT ALLEGING MISCONDUCT. (a) A person
may file a complaint with a board alleging peace officer
misconduct.
(b) A complaint must:
(1) be in writing;
(2) allege the peace officer engaged in misconduct
described by Section 179.151(a); and
(3) describe the alleged misconduct.
(c) A person who files a complaint is not required to be the
alleged victim of the misconduct.
Sec. 179.153. INVESTIGATION OF COMPLAINT. (a) A board
shall forward each complaint filed with the board to the municipal
attorney or county attorney, as applicable. The municipal attorney
or county attorney, as applicable, shall investigate the complaint
as necessary, including by:
(1) interviewing and obtaining a statement from the
complainant, each peace officer who is the subject of the
complaint, and each witness to the alleged misconduct; and
(2) obtaining any documentary or other evidence
relevant to the investigation.
(b) The municipal attorney or county attorney, as
applicable, shall complete the investigation of a complaint not
later than the 120th day after the date the municipal attorney or
county attorney received the complaint from the board.
Sec. 179.154. COMPLAINT REVIEW PROCEDURE. A board shall:
(1) develop a system to promptly and efficiently act
on a complaint filed with the board;
(2) maintain information regarding:
(A) the parties to each complaint;
(B) the subject matter of each complaint;
(C) the results of the investigation of each
complaint; and
(D) the disposition of each complaint;
(3) make information available describing the board's
procedures for complaint investigation and resolution;
(4) take reasonable measures to ensure the
confidentiality of all complainants;
(5) periodically notify the parties to the complaint
in writing of the status of the complaint; and
(6) provide the parties to the complaint with the
name, address, and telephone number of an individual to contact in
order to give or obtain information regarding the complaint.
Sec. 179.155. SUBPOENAS. (a) A board may issue a subpoena
to compel the attendance of a witness or the production of any book,
record, or other document reasonably necessary to conduct an
investigation. A subpoena must relate to a matter under
investigation by the board.
(b) If a person refuses to comply with a subpoena issued
under this section, the board may apply to a court for an order
requiring the person to comply with the subpoena. Failure to comply
with the court order is punishable as contempt.
Sec. 179.156. DISMISSAL OF COMPLAINT; GROUNDS FOR CLOSING
INVESTIGATION. A board may dismiss a complaint and close an
investigation without reaching a final determination if the person
who filed the complaint or the alleged victim of misconduct
requests that the board dismiss the complaint.
Sec. 179.157. COMPLAINT DETERMINATION AFTER INVESTIGATION.
(a) After an investigation of a complaint is complete, the
municipal attorney or county attorney, as applicable, shall forward
the investigation to the board or a panel of at least three board
members. The board or panel shall review the case, including all
evidence, and make a determination on each allegation in the
complaint that has not been dismissed by the board. The
determination of the board or panel must be made not later than the
180th day after the date the board received the complaint.
(b) The board shall state the determination of the board
regarding each allegation in a complaint as:
(1) substantiated if the board finds by a
preponderance of the evidence that the person who is the subject of
the complaint committed the alleged misconduct;
(2) exonerated if the board finds by a preponderance
of the evidence that the person who is the subject of the complaint
engaged in the action alleged in the complaint but the action was
not misconduct because the action was lawful and proper;
(3) unfounded if the board finds by a preponderance of
the evidence that the person who is the subject of the complaint did
not commit the alleged misconduct;
(4) unsubstantiated if the board finds that the
available evidence is insufficient to make a finding by a
preponderance of the evidence under Subdivision (1), (2), or (3);
or
(5) nonactionable if the board finds that the person
who is the subject of the complaint is no longer a peace officer or
cannot be identified.
Sec. 179.158. NOTICE OF BOARD'S DETERMINATION. (a) A board
shall notify the parties to the complaint of the board's
determination.
(b) The board shall notify the employer of the peace officer
who is the subject of the complaint of the board's determination.
If the board finds that a complaint is substantiated, the board may
recommend an appropriate disciplinary action to the employer. If
the employer fails to take disciplinary action against the peace
officer before the 30th day after the date the board notifies the
employer of the board's determination, the board shall forward the
case to the attorney representing the state or the appropriate
United States attorney.
SECTION 2. (a) The initial members of a civilian complaint
review board shall be appointed as provided by Section 179.051,
Local Government Code, as added by this Act, not later than October
1, 2017.
(b) The change in law made by Chapter 179, Local Government
Code, as added by this Act, applies only to misconduct that occurs
on or after October 1, 2017. Misconduct that occurs before October
1, 2017, is covered by the law in effect when the misconduct
occurred, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2017.