HBA-ATS H.B. 771 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 771 By: Davis, Yvonne Public Safety 4/15/1999 Introduced BACKGROUND AND PURPOSE Some citizens have made complaints relating to alleged verbal and physical abuse by law enforcement officers and feel that no attention was given and ultimately no action taken regarding the alleged offenses. H.B. 771 requires the Commission on Law Enforcement Officer Standards and Education to adopt and publish a code of conduct for officers, and to include in the code rules relating to the prevention of verbal and physical abuse of citizens by officers. This bill also requires the appointment of a citizen review panel that will accept, investigate, and hold hearings regarding citizen complaints of alleged misconduct. The panel is required to act appropriately against an officer if it determines that the officer engaged in misconduct that violates the code. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Commission on Law Enforcement Officer Standards and Education in SECTION 2 (Section 415.0601, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 415.010, Government Code, as follows: (a) Creates this subsection from existing text. (b) Requires the Commission on Law Enforcement Officer Standards and Education (commission) to adopt and publish a code of conduct (code) for officers. Requires the code to incorporate rules relating to the prevention of verbal and physical abuse of citizens by officers. SECTION 2. Amends Subchapter C, Chapter 415, Government Code, by adding Section 415.0601, as follows: Sec. 415.0601. INVESTIGATION OF MISCONDUCT. (a) Requires the commission to appoint a citizen review panel (panel) composed of nine public representatives. Requires the panel to accept, investigate, and hold hearings on citizen complaints that allege misconduct by an officer who violates the code. (b) Requires the appointments to the panel to represent each geographic area of the state and to reflect the state's racial and ethnic diversity. (c) Prohibits the appointment to the panel of an individual, or an individual's spouse, who is licensed under this chapter. (d) Provides for staggered, two-year terms of service for the panel members. Establishes the dates for expiration of the terms. (e) Sets forth that panel members are entitled to reimbursement of expenses, but not to compensation, for their service, subject to legally imposed limits on reimbursement. (f) Authorizes a citizen to file a complaint alleging misconduct by an officer that violates the code. (g) Requires the panel to recommend that the commission act appropriately against an officer if the panel determines that the officer engaged in misconduct that violates the code. (h) Requires the commission to adopt rules necessary to administer Section 415.0601. (i) Authorizes the commission to hire personnel necessary to administer Section 415.0601. SECTION 3. Effective date: September 1, 1999. SECTION 4. Makes application of this Act prospective. SECTION 5. Emergency clause.