By: Moreno H.B. No. 703
73R505 MLR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of local boards and a statewide board
1-3 to receive and act on complaints of police misconduct; creating an
1-4 offense.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle C, Title 5, Local Government Code, is
1-7 amended by adding Chapter 174 to read as follows:
1-8 CHAPTER 174. COMMUNITY RELATIONS BOARDS
1-9 Sec. 174.001. DEFINITIONS. In this chapter:
1-10 (1) "Board" means a local community relations board.
1-11 (2) "Employ" includes employing the services of an
1-12 elected or appointed officer.
1-13 (3) "Excessive force" means force that would be
1-14 considered excessive by a reasonable person, such as continually
1-15 striking another person with an object, using a weapon that could
1-16 cause death or injury without justification, or using a weapon
1-17 against a person who clearly shows signs of surrender.
1-18 (4) "Local law enforcement agency" means a department,
1-19 office, or other agency of a political subdivision that employs a
1-20 peace officer.
1-21 (5) "Officer" means a peace officer under Article
1-22 2.12, Code of Criminal Procedure, or other law.
1-23 (6) "Political subdivision" includes a district.
1-24 Sec. 174.002. COMMUNITY RELATIONS BOARD: CREATION AND
2-1 JURISDICTION. (a) A county with a population of more than 120,000
2-2 shall establish a community relations board as prescribed by this
2-3 chapter.
2-4 (b) A county with a population of less than 120,000 may
2-5 establish a community relations board as prescribed by this chapter
2-6 if a countywide election is held and a majority of the voters
2-7 voting in the election vote in favor of the proposition to
2-8 establish the board.
2-9 (c) A board has original or appellate jurisdiction, as
2-10 prescribed by this chapter, over a citizen complaint about an
2-11 officer if the officer is employed by a local law enforcement
2-12 agency and the person filing the complaint complains of an act that
2-13 occurred:
2-14 (1) in the county that established the board;
2-15 (2) in a county that has not established a board, and
2-16 the local law enforcement agency that employs the officer has its
2-17 principal administrative offices in the county that established the
2-18 board; or
2-19 (3) in a county that has not established a board, and
2-20 the local law enforcement agency that employs the officer:
2-21 (A) has its principal administrative offices in
2-22 a county that has not established a board; and
2-23 (B) is an agency of a political subdivision that
2-24 extends into the county that established the board.
2-25 Sec. 174.003. COMPOSITION OF BOARD. (a) The board is
2-26 composed of five county residents appointed by the county judge
2-27 with the advice and consent of the commissioners court. The board
3-1 must include a person who is an officer of at least the rank of
3-2 captain or its equivalent in a local law enforcement agency in the
3-3 county, an attorney licensed to practice law in this state, and a
3-4 licensed physician. The county judge shall designate one of the
3-5 members as presiding officer of the board.
3-6 (b) The county judge of a county that establishes a board
3-7 under this chapter shall appoint persons to the board so that the
3-8 racial and ethnic backgrounds of the various board members reflect
3-9 the proportional representation of the various racial and ethnic
3-10 groups in the county's population.
3-11 (c) Members of the board serve two-year terms that expire on
3-12 February 1 of each odd-numbered year. Board members receive no
3-13 compensation for service on the board but may be reimbursed for
3-14 actual expenses incurred on board business as provided by the
3-15 commissioners court of the county.
3-16 Sec. 174.004. STAFF FUNDING AND POLICIES. (a) The county
3-17 and each political subdivision in the county shall set aside one
3-18 percent of its total budget for law enforcement, including proceeds
3-19 from forfeited property, for deposit in a special fund in the
3-20 county's treasury that shall be used to reimburse board members for
3-21 their expenses and for staff and administrative costs. If a
3-22 political subdivision extends into more than one county that has
3-23 established a board, the political subdivision shall apportion its
3-24 contribution equally among those counties.
3-25 (b) The board shall adopt necessary rules for employing
3-26 staff. A three-fifths vote of the board is required to hire or
3-27 terminate the employment of a staff person. A board meeting that
4-1 pertains to staffing must be held in accordance with the open
4-2 meetings law, Chapter 271, Acts of the 60th Legislature, Regular
4-3 Session, 1967 (Article 6252-17, Vernon's Texas Civil Statutes).
4-4 Sec. 174.005. APPELLATE JURISDICTION OF BOARD. (a) If the
4-5 local law enforcement agency employing the officer has an internal
4-6 affairs division or similar division to receive complaints that are
4-7 also within the board's jurisdiction, a complaint must first be
4-8 filed with that division. If a person is dissatisfied with the
4-9 employing agency's disposition of the matter, the person may appeal
4-10 to the board.
4-11 (b) After final disposition of a complaint by the local law
4-12 enforcement agency employing the officer, the agency shall give the
4-13 person who filed the complaint written notice that:
4-14 (1) the complaint has been resolved and the manner in
4-15 which it was resolved;
4-16 (2) the person may appeal to the board, if the person
4-17 is dissatisfied with the agency's disposition of the matter; and
4-18 (3) the person must file any appeal with the board
4-19 within the period provided by Subsection (c).
4-20 (c) An appeal under Subsection (a) must be filed not later
4-21 than the 10th day after the date on which the person receives
4-22 written notice that the local law enforcement agency employing the
4-23 officer has made a final disposition of the matter. In an appeal
4-24 under this subsection, board review is de novo. However, the
4-25 action taken by the agency is not suspended by the appeal.
4-26 (d) The board may adopt rules to govern its proceedings
4-27 under this section.
5-1 (e) The board may take any action under this section that it
5-2 may take under Section 174.006(g).
5-3 Sec. 174.006. ORIGINAL JURISDICTION OF BOARD; COMPLAINTS.
5-4 (a) A person who believes that an officer has used excessive force
5-5 or has abused the officer's authority in the discharge or purported
5-6 discharge of the officer's duties may file a written complaint with
5-7 the board if the local law enforcement agency employing the officer
5-8 does not have an internal affairs division or similar division.
5-9 The complaint must be filed not later than the 90th day after the
5-10 date on which the act complained of occurred. The board shall send
5-11 a copy of the complaint to the accused officer as soon as
5-12 practicable after it is received. The officer may file a written
5-13 statement in the officer's defense.
5-14 (b) The accused officer or the complainant is entitled to a
5-15 hearing on the complaint if the officer or complainant makes a
5-16 timely request for a hearing. A request from a party is timely if
5-17 it is made not later than the 10th day after the date on which the
5-18 party receives the notice required by Subsection (c). The board at
5-19 any time may order a hearing on its own motion.
5-20 (c) After a complaint is filed with the board, the board
5-21 shall give each party written notice that:
5-22 (1) the party is entitled to a hearing on the
5-23 complaint; and
5-24 (2) any request for a hearing must be made to the
5-25 board within the period provided by Subsection (b).
5-26 (d) The board shall notify the parties of the date, time,
5-27 and place of a hearing not later than the 14th day before the date
6-1 on which the hearing will be held.
6-2 (e) A party may be represented by counsel in any part of the
6-3 proceedings.
6-4 (f) The board shall conduct proceedings as informally as
6-5 possible, consistent with the principles of due process of law.
6-6 (g) On hearing the matter or, if no hearing is held, on
6-7 examining all evidence submitted to it, the board shall decide on
6-8 the merits of the complaint and issue a written opinion. The board
6-9 may:
6-10 (1) order the suspension, demotion, or discharge of
6-11 the officer;
6-12 (2) request that a grand jury investigate the
6-13 complaint;
6-14 (3) issue a reprimand; or
6-15 (4) exonerate the officer of the charge.
6-16 (h) A board opinion must be signed by those members of the
6-17 board who support it.
6-18 (i) The board may adopt rules to govern its proceedings
6-19 under this section.
6-20 Sec. 174.007. PROCESS. (a) The board may issue process to
6-21 compel the attendance of witnesses and the production of books,
6-22 records, documents, and instruments required by the board. The
6-23 board may issue process to a witness at any place in this state.
6-24 (b) The presiding officer of the board shall issue in the
6-25 name of the board all subpoenas and other process as directed by
6-26 the board.
6-27 (c) If necessary to obtain compliance with a subpoena or
7-1 other process, the board may issue writs of attachment.
7-2 (d) All process may be addressed to and served by any peace
7-3 officer of this state.
7-4 Sec. 174.008. CONTEMPT. (a) A person commits an offense if
7-5 the person:
7-6 (1) has been summoned as a witness to testify or
7-7 produce papers by the board; and
7-8 (2) refuses to appear, refuses to answer relevant
7-9 questions, or refuses to produce required books, papers, records,
7-10 or documents.
7-11 (b) An offense under this section is a Class B misdemeanor.
7-12 Sec. 174.009. SPECIAL PROSECUTOR. If the board requests a
7-13 grand jury investigation, the attorney general shall assign a
7-14 special prosecutor and provide the necessary resources to conduct a
7-15 comprehensive investigation and, if appropriate, prosecution of the
7-16 matter.
7-17 Sec. 174.010. EFFECT OF CIVIL SERVICE COMMISSION DECISION.
7-18 If a local civil service commission issues a decision on a
7-19 complaint that is inconsistent with the board's disposition of a
7-20 complaint based on the same facts, the board's decision prevails.
7-21 Sec. 174.011. EFFECT ON CIVIL REMEDIES. A decision or
7-22 action under this chapter does not affect or preclude a civil
7-23 remedy available to a complainant.
7-24 Sec. 174.012. OFFICER BONUS PROGRAM. (a) An eligible
7-25 officer who works 12 consecutive months without a complaint filed
7-26 against the officer under this chapter accrues three extra days of
7-27 paid vacation at the end of that period.
8-1 (b) An eligible officer who works 24 consecutive months
8-2 without a complaint filed against the officer under this chapter
8-3 accrues six extra days of paid vacation at the end of that period.
8-4 (c) An eligible officer who works 36 consecutive months
8-5 without a complaint filed against the officer under this chapter
8-6 accrues five extra days of paid vacation and is entitled to receive
8-7 a cash bonus in the amount of $1,000 at the end of that period.
8-8 (d) An eligible officer who works 60 consecutive months
8-9 without a complaint filed against the officer under this chapter
8-10 accrues 10 extra days of paid vacation and is entitled to receive a
8-11 cash bonus in the amount of $2,000 at the end of that period.
8-12 (e) To be eligible under this section, an officer must:
8-13 (1) hold a nonadministrative position;
8-14 (2) be in routine contact with the public; and
8-15 (3) make at least a number of arrests that is average
8-16 for the local law enforcement agency during the bonus period.
8-17 SECTION 2. Chapter 415, Government Code, is amended by
8-18 adding Subchapter G to read as follows:
8-19 SUBCHAPTER G. COMMUNITY RELATIONS BOARD
8-20 Sec. 415.141. DEFINITIONS. In this subchapter:
8-21 (1) "Agency" means the state agency or department that
8-22 employs an officer and that has control over the performance of
8-23 that officer's official duties.
8-24 (2) "Board" means the Community Relations Board.
8-25 (3) "Excessive force" means force that would be
8-26 considered excessive by a reasonable person, such as continually
8-27 striking another person with an object, using a weapon that could
9-1 cause death or injury without justification, or using a weapon
9-2 against a person who clearly shows signs of surrender.
9-3 Sec. 415.142. APPLICABILITY. This subchapter applies only
9-4 to an officer employed by an agency of the state.
9-5 Sec. 415.143. BOARD. (a) The Community Relations Board is
9-6 an agency of the state that is administratively attached to the
9-7 commission.
9-8 (b) The board is created to receive and act on complaints
9-9 made under Section 415.147 or 415.148 about an officer employed by
9-10 a state agency.
9-11 Sec. 415.144. APPLICATION OF SUNSET ACT. The Community
9-12 Relations Board is subject to Chapter 325 (Texas Sunset Act).
9-13 Unless continued in existence as provided by that chapter, the
9-14 board is abolished and this subchapter expires September 1, 1997.
9-15 Sec. 415.145. COMPOSITION OF BOARD. (a) The board is
9-16 composed of seven residents of the state who are appointed by the
9-17 governor with the advice and consent of the senate. The board
9-18 shall include an officer of at least the rank of captain employed
9-19 by a state law enforcement agency, an attorney licensed to practice
9-20 law in this state, and a licensed physician.
9-21 (b) The governor shall appoint persons to the board so that
9-22 the racial and ethnic backgrounds of the various board members
9-23 reflect, to the greatest extent possible, the proportional
9-24 representation of various racial and ethnic groups in the state's
9-25 population.
9-26 (c) Members of the board serve two-year terms that expire on
9-27 February 1 of each odd-numbered year. Board members shall receive
10-1 no compensation, but may be reimbursed for their actual expenses
10-2 incurred on board business.
10-3 (d) The presiding officer of the board shall be appointed by
10-4 the governor.
10-5 Sec. 415.146. STAFF FUNDING AND POLICIES. The commission
10-6 shall provide to the board the necessary office space, equipment,
10-7 and staff to assist the board in administering this subchapter.
10-8 Sec. 415.147. APPELLATE JURISDICTION OF BOARD. (a) If a
10-9 state agency that employs officers has an internal affairs division
10-10 or similar division to receive a complaint that an officer has used
10-11 excessive force or has abused the officer's authority in the
10-12 discharge or purported discharge of the officer's duties, a
10-13 complaint must first be filed with that agency's division. If a
10-14 person is dissatisfied with the employing agency's disposition of
10-15 the matter, the person may appeal to the board.
10-16 (b) After final disposition of a complaint by the state
10-17 agency employing the officer, the agency shall give the person who
10-18 filed the complaint written notice that:
10-19 (1) the complaint has been resolved and the manner in
10-20 which it was resolved;
10-21 (2) the person may appeal to the board, if the person
10-22 is dissatisfied with the agency's disposition of the matter; and
10-23 (3) the person must file any appeal with the board
10-24 within the period provided by Subsection (c).
10-25 (c) An appeal under Subsection (a) must be filed not later
10-26 than the 10th day after the date on which the person receives
10-27 written notice that the state agency employing the officer has made
11-1 a final disposition of the matter. In an appeal under this
11-2 subsection, board review is de novo. However, the action taken by
11-3 the agency is not suspended by the appeal.
11-4 (d) The board may take any action under this section that it
11-5 may take under Section 415.148(g).
11-6 Sec. 415.148. ORIGINAL JURISDICTION OF BOARD; COMPLAINTS.
11-7 (a) A person who believes that an officer has used excessive force
11-8 or has abused the officer's authority in the discharge or purported
11-9 discharge of the officer's duties may file a written complaint with
11-10 the board if the agency employing the officer does not have an
11-11 internal affairs division or similar division. The complaint must
11-12 be filed not later than the 90th day after the date on which the
11-13 act complained of occurred. The board shall send a copy of the
11-14 complaint to the accused officer as soon as practicable after it is
11-15 received. The officer may file a written statement in the
11-16 officer's defense.
11-17 (b) The accused officer or the complainant is entitled to a
11-18 hearing on the complaint if the officer or complainant makes a
11-19 timely request for a hearing. A request from a party is timely if
11-20 it is made not later than the 10th day after the date on which the
11-21 party receives the notice required by Subsection (c). The board at
11-22 any time may order a hearing on its own motion.
11-23 (c) After a complaint is filed with the board, the board
11-24 shall give each party written notice that:
11-25 (1) the party is entitled to a hearing on the
11-26 complaint; and
11-27 (2) any request for a hearing must be made to the
12-1 board within the period provided by Subsection (b).
12-2 (d) The board shall notify the parties of the date, time,
12-3 and place of a hearing not later than the 14th day before the date
12-4 on which the hearing will be held.
12-5 (e) A party may be represented by counsel in any part of the
12-6 proceedings.
12-7 (f) The board shall conduct proceedings as informally as
12-8 possible, consistent with the principles of due process of law.
12-9 (g) On hearing the matter or, if no hearing is held, on
12-10 examining all evidence submitted to it, the board shall decide on
12-11 the merits of the complaint and issue a written opinion. The board
12-12 may:
12-13 (1) order the suspension, demotion, or discharge of
12-14 the officer;
12-15 (2) request that a grand jury investigate the
12-16 complaint;
12-17 (3) issue a reprimand; or
12-18 (4) exonerate the officer of the charge.
12-19 (h) A board opinion must be signed by those members of the
12-20 board who support it.
12-21 Sec. 415.149. PROCEDURE. (a) The board may adopt rules to
12-22 govern its proceedings.
12-23 (b) The board is subject to the Administrative Procedure and
12-24 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
12-25 Statutes) to the extent that Act is consistent with this chapter.
12-26 Sec. 415.150. PROCESS. (a) The board may issue process to
12-27 compel the attendance of witnesses and the production of books,
13-1 records, documents, and instruments required by the board. The
13-2 board may issue process to a witness at any place in this state.
13-3 (b) The presiding officer of the board shall issue in the
13-4 name of the board all subpoenas and other process as directed by
13-5 the board.
13-6 (c) If necessary to obtain compliance with a subpoena or
13-7 other process, the board may issue writs of attachment.
13-8 (d) All process may be addressed to and served by any peace
13-9 officer of this state.
13-10 Sec. 415.151. CONTEMPT. (a) A person commits an offense if
13-11 the person:
13-12 (1) has been summoned as a witness to testify or
13-13 produce papers by the board; and
13-14 (2) refuses to appear, refuses to answer relevant
13-15 questions, or refuses to produce required books, papers, records,
13-16 or documents.
13-17 (b) An offense under this section is a Class B misdemeanor.
13-18 Sec. 415.152. SPECIAL PROSECUTOR. If the board requests a
13-19 grand jury investigation, the attorney general shall assign a
13-20 special prosecutor and provide the necessary resources to conduct a
13-21 comprehensive investigation and, if appropriate, prosecution of the
13-22 matter.
13-23 Sec. 415.153. EFFECT ON CIVIL REMEDIES. A decision or
13-24 action under this chapter does not affect or preclude a civil
13-25 remedy available to a complainant.
13-26 Sec. 415.154. OFFICER BONUS PROGRAM. (a) An eligible
13-27 officer who works 12 consecutive months without a complaint filed
14-1 against the officer under this chapter accrues three extra days of
14-2 paid vacation at the end of that period.
14-3 (b) An eligible officer who works 24 consecutive months
14-4 without a complaint filed against the officer under this chapter
14-5 accrues six extra days of paid vacation at the end of that period.
14-6 (c) An eligible officer who works 36 consecutive months
14-7 without a complaint filed against the officer under this chapter
14-8 accrues five extra days of paid vacation and is entitled to receive
14-9 a cash bonus in the amount of $1,000 at the end of that period.
14-10 (d) An eligible officer who works 60 consecutive months
14-11 without a complaint filed against the officer under this chapter
14-12 accrues 10 extra days of paid vacation and is entitled to receive a
14-13 cash bonus in the amount of $2,000 at the end of that period.
14-14 (e) To be eligible under this section, an officer must:
14-15 (1) hold a nonadministrative position;
14-16 (2) be in routine contact with the public; and
14-17 (3) make at least a number of arrests that is average
14-18 for the agency during the bonus period.
14-19 SECTION 3. This Act takes effect September 1, 1993, and
14-20 applies only to an act committed by a law enforcement officer on or
14-21 after that date.
14-22 SECTION 4. The importance of this legislation and the
14-23 crowded condition of the calendars in both houses create an
14-24 emergency and an imperative public necessity that the
14-25 constitutional rule requiring bills to be read on three several
14-26 days in each house be suspended, and this rule is hereby suspended.