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.