By: Wilson H.B. No. 47 72S40300 JRD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of a civilian review board for police 1-3 accountability in certain counties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle A, Title 5, Local Government Code, is 1-6 amended by adding Chapter 145 to read as follows: 1-7 CHAPTER 145. CIVILIAN REVIEW BOARD FOR POLICE ACCOUNTABILITY 1-8 Sec. 145.001. APPLICABILITY. This chapter applies only in a 1-9 county with a population of 2.8 million or more. 1-10 Sec. 145.002. CREATION OF BOARD. The governing body of a 1-11 municipality in which the majority of the territory of the 1-12 municipality is located in a county in which this chapter applies 1-13 may create a civilian review board for police accountability. 1-14 Sec. 145.003. POWERS OF BOARD. (a) The board may: 1-15 (1) investigate allegations of police misconduct; 1-16 (2) issue subpoenas and subpoenas duces tecum for the 1-17 attendance of witnesses and for the production of documents; 1-18 (3) bring suit to enforce a subpoena; 1-19 (4) administer oaths; 1-20 (5) initiate disciplinary actions; 1-21 (6) review disciplinary actions of police officers; 1-22 and 1-23 (7) adopt rules to govern police conduct that are 1-24 consistent with state and federal law. 2-1 (b) If the municipality has a civil service commission and 2-2 the commission adopts a rule governing police conduct that is 2-3 inconsistent with the board's adopted rule, the board's rule 2-4 prevails. 2-5 (c) Neither Section 143.1016 nor Section 143.057 applies to 2-6 any disciplinary action in a municipality if the municipality: 2-7 (1) creates a civilian review board as provided by 2-8 Section 145.002; and 2-9 (2) determines that the application of Section 2-10 143.1016 or Section 143.057 would impair the efficient operation of 2-11 the civilian review board. 2-12 SECTION 2. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and an imperative public necessity that the 2-15 constitutional rule requiring bills to be read on three several 2-16 days in each house be suspended, and this rule is hereby suspended, 2-17 and that this Act take effect and be in force from and after its 2-18 passage, and it is so enacted.