By Moreno H.B. No. 176
75R448 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment in certain municipalities of boards
1-3 to receive and act on complaints of police misconduct.
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. COMMUNITY RELATIONS BOARDS
1-8 IN CERTAIN MUNICIPALITIES
1-9 Sec. 145.001. COMMUNITY RELATIONS BOARD. The governing body
1-10 of a municipality with a population of more than 200,000 may
1-11 establish a community relations board as prescribed by this chapter
1-12 to receive and dispose of complaints filed against police officers
1-13 as provided by this chapter.
1-14 Sec. 145.002. COMPOSITION OF BOARD. (a) The board is
1-15 composed of seven municipal residents appointed by the
1-16 municipality's governing body. The board must include:
1-17 (1) a person who is an officer of at least the rank of
1-18 captain or its equivalent in the municipality's police department;
1-19 (2) an attorney licensed to practice law in this
1-20 state; and
1-21 (3) a physician licensed by this state.
1-22 (b) The governing body of a municipality that establishes a
1-23 board under this chapter shall appoint persons to the board so that
1-24 the racial and ethnic backgrounds of the various board members
2-1 reflect the proportional representation of the various racial and
2-2 ethnic groups in the municipality's population.
2-3 (c) Except for the initial members, members of the board
2-4 serve two-year terms that expire on February 1 of each odd-numbered
2-5 year. The initial members serve terms expiring on the February 1
2-6 following the date the members qualify for office. Board members
2-7 may not receive compensation for service on the board but may be
2-8 reimbursed for actual expenses incurred on board business as
2-9 provided by the governing body of the municipality.
2-10 Sec. 145.003. APPELLATE JURISDICTION OF BOARD. (a) In a
2-11 municipality that has an internal affairs division or similar body
2-12 in its police department that receives complaints within the
2-13 board's jurisdiction, a complaint must be filed originally with the
2-14 internal affairs division or similar body. A person who is
2-15 dissatisfied with the department's disposition of the complaint may
2-16 appeal to the board.
2-17 (b) After final disposition of a complaint by an internal
2-18 affairs division or similar body, the department shall give the
2-19 person who filed the complaint written notice that:
2-20 (1) the complaint has been resolved and the manner in
2-21 which it was resolved;
2-22 (2) the person may appeal to the board if the person
2-23 is dissatisfied with the department's disposition of the matter;
2-24 and
2-25 (3) the person must file any appeal with the board
2-26 within the period provided by Subsection (c).
2-27 (c) An appeal under Subsection (a) must be filed not later
3-1 than the 30th day after the date the person receives written notice
3-2 that the internal affairs division or similar body has made a final
3-3 disposition of the matter. In an appeal under this subsection,
3-4 board review is de novo. However, the action taken by the
3-5 department is not suspended by the appeal.
3-6 Sec. 145.004. ORIGINAL JURISDICTION OF BOARD. (a) In a
3-7 municipality that does not have an internal affairs division or
3-8 similar body in its police department and in which a community
3-9 relations board has been established under this chapter, a person
3-10 who believes that a police officer of the municipality used
3-11 excessive force or abused the officer's authority in the discharge
3-12 or purported discharge of the officer's duties may file a written
3-13 complaint with the board. The complaint must be filed not later
3-14 than the 90th day after the date the act that is the subject of the
3-15 complaint occurred.
3-16 (b) The board shall send a copy of the complaint to the
3-17 accused officer as soon as practicable after it is received. The
3-18 officer may file a written statement in the officer's defense.
3-19 (c) After a complaint is filed with the board, the board
3-20 shall give each party written notice that:
3-21 (1) the party is entitled to a hearing on the
3-22 complaint; and
3-23 (2) any request for a hearing must be made to the
3-24 board not later than the ninth day after the date the party
3-25 receives the notice required by this section.
3-26 (d) The accused officer or the person who filed the
3-27 complaint is entitled to a hearing on the complaint if the officer
4-1 or the person makes a timely request for a hearing. A request from
4-2 a party is timely if it is made within the period required by
4-3 Subsection (c). The board at any time may order a hearing on its
4-4 own motion.
4-5 (e) The board shall notify the parties of the date, time,
4-6 and place of a hearing not later than the 14th day before the date
4-7 the hearing is held.
4-8 Sec. 145.005. CONDUCT OF PROCEEDINGS. (a) A party may be
4-9 represented by counsel in any part of a proceeding held under this
4-10 chapter.
4-11 (b) The board shall conduct the proceedings as informally as
4-12 possible, consistent with the principles of due process of law.
4-13 (c) On hearing a complaint or, if no hearing is held, on
4-14 examining all evidence submitted to it, the board shall decide on
4-15 the merits of the complaint and issue a written opinion. The board
4-16 may:
4-17 (1) order the suspension, demotion, or discharge of
4-18 the police officer;
4-19 (2) issue a reprimand; or
4-20 (3) exonerate the officer of the charge.
4-21 (d) A board opinion must be signed by those members of the
4-22 board who support it.
4-23 Sec. 145.006. BOARD MAY ADOPT RULES. The board may adopt
4-24 rules to govern its proceedings under this chapter.
4-25 Sec. 145.007. EFFECT OF CIVIL SERVICE COMMISSION DECISION.
4-26 If a municipality has a civil service commission, and that
4-27 commission issues a decision that is inconsistent with a community
5-1 relations board's disposition of a complaint based on the same act,
5-2 the board's decision prevails.
5-3 SECTION 2. This Act takes effect September 1, 1997, and
5-4 applies only to an act committed or alleged to have been committed
5-5 by a law enforcement officer on or after that date.
5-6 SECTION 3. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.