By Wilson                                              H.B. No. 230

      75R1964 JRD-D                           

                                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 the majority of the territory of which is located in a

1-12     county in which this chapter applies may create a civilian review

1-13     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 143.057 nor Section 143.1016 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 143.057

2-10     or 143.1016 would impair the efficient operation of the civilian

2-11     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.