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.