Bill Text: TX SB184 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to municipal civilian complaint review boards in certain municipalities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-15 - Referred to State Affairs [SB184 Detail]
Download: Texas-2023-SB184-Introduced.html
88R892 MP-F | ||
By: Miles | S.B. No. 184 |
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relating to municipal civilian complaint review boards in certain | ||
municipalities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 5, Local Government Code, is | ||
amended by adding Chapter 143A to read as follows: | ||
CHAPTER 143A. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARDS IN | ||
CERTAIN MUNICIPALITIES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 143A.001. APPLICABILITY. This chapter applies only to | ||
a municipality with a population of 200,000 or more. | ||
Sec. 143A.002. DEFINITIONS. In this chapter: | ||
(1) "Board" means a municipal civilian complaint | ||
review board. | ||
(2) "Peace officer" means a peace officer described by | ||
Article 2.12, Code of Criminal Procedure, appointed or employed to | ||
serve as a peace officer for a municipality. | ||
Sec. 143A.003. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD. | ||
A board is established in each municipality subject to this chapter | ||
to investigate complaints alleging peace officer misconduct. | ||
SUBCHAPTER B. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD | ||
Sec. 143A.051. COMPOSITION OF BOARD. A 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 wholly or 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 wholly or primarily | ||
located. | ||
Sec. 143A.052. INELIGIBILITY. A person is ineligible to | ||
serve as a board member if the person: | ||
(1) is a municipal employee; | ||
(2) holds a public office; or | ||
(3) has experience as a law enforcement professional, | ||
including as: | ||
(A) a peace officer; | ||
(B) a criminal investigator; | ||
(C) a special agent; or | ||
(D) 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. 143A.053. TERMS. A board member is appointed for a | ||
two-year term. | ||
Sec. 143A.054. PRESIDING OFFICER. The presiding officer of | ||
the governing body of the municipality shall designate a board | ||
member to serve as the presiding officer of the board at the | ||
pleasure of the presiding officer of the governing body of the | ||
municipality. | ||
Sec. 143A.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 | ||
143A.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 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 that a | ||
potential ground for removal exists. | ||
Sec. 143A.056. VACANCY. A vacancy on a board shall be | ||
filled for the unexpired term in the same manner as the original | ||
appointment. | ||
Sec. 143A.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 duties of the | ||
board. | ||
SUBCHAPTER C. GENERAL POWERS AND DUTIES | ||
Sec. 143A.101. EXECUTIVE DIRECTOR. A board shall employ an | ||
executive director if necessary to administer the policies of the | ||
board. | ||
Sec. 143A.102. PERSONNEL. A board may employ personnel as | ||
necessary to exercise its powers and fulfill its duties under this | ||
chapter. | ||
Sec. 143A.103. RULES. A board may adopt rules as necessary | ||
to implement this chapter. | ||
SUBCHAPTER D. INVESTIGATION OF COMPLAINTS | ||
Sec. 143A.151. INVESTIGATION OF COMPLAINTS. A board may | ||
investigate a complaint that alleges peace officer misconduct | ||
involving: | ||
(1) excessive use of force; | ||
(2) improper use of power to threaten, intimidate, or | ||
otherwise mistreat a member of the public; | ||
(3) a threat of force; | ||
(4) an unlawful act, search, or seizure; or | ||
(5) other abuses of authority. | ||
Sec. 143A.152. FILING OR BOARD INITIATION OF COMPLAINT. A | ||
complaint may be: | ||
(1) filed under Section 143A.153; or | ||
(2) initiated by a majority vote of the board. | ||
Sec. 143A.153. 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 143A.151; and | ||
(3) describe the alleged misconduct. | ||
(c) A person may file a complaint regardless of whether the | ||
person is the alleged victim of the misconduct. | ||
Sec. 143A.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 a | ||
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. 143A.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 to | ||
compel the person to comply with the subpoena. Failure to comply | ||
with the court order is punishable as contempt. | ||
Sec. 143A.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. 143A.157. INVESTIGATION OF COMPLAINT BY MUNICIPAL | ||
ATTORNEY. (a) A board shall forward each complaint filed with the | ||
board to the municipal attorney. | ||
(b) The municipal attorney shall investigate the complaint | ||
by: | ||
(1) interviewing and obtaining a statement from: | ||
(A) the complainant; | ||
(B) each peace officer who is the subject of the | ||
complaint; and | ||
(C) each witness to the alleged misconduct; and | ||
(2) obtaining any documentary or other evidence | ||
relevant to the investigation. | ||
(c) The municipal attorney shall complete the investigation | ||
of a complaint not later than the 120th day after the date the | ||
municipal attorney receives the complaint from the board. | ||
Sec. 143A.158. COMPLAINT DETERMINATION AFTER | ||
INVESTIGATION. (a) After an investigation of a complaint is | ||
complete, the municipal attorney shall forward the results of the | ||
investigation to the board or a panel of at least three board | ||
members. The board or panel shall review the case 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 | ||
receives the complaint. | ||
(b) The board shall state the board's determination | ||
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. 143A.159. 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 to the appropriate | ||
United States attorney. | ||
SECTION 2. The initial members of a municipal civilian | ||
complaint review board shall be appointed as provided by Section | ||
143A.051, Local Government Code, as added by this Act, not later | ||
than October 1, 2023. | ||
SECTION 3. The change in law made by Chapter 143A, Local | ||
Government Code, as added by this Act, applies only to misconduct | ||
that occurs on or after October 1, 2023. Misconduct that occurs | ||
before October 1, 2023, is covered by the law in effect when the | ||
misconduct occurred, and the former law is continued in effect for | ||
that purpose. For purposes of this section, misconduct occurred | ||
after October 1, 2023, if any act or omission constituting part of | ||
the misconduct occurred after that date. | ||
SECTION 4. This Act takes effect September 1, 2023. |