By Davis of Dallas H.B. No. 771
76R794 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of the Commission on Law
1-3 Enforcement Officer Standards and Education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 415.010, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 415.010. GENERAL POWERS. (a) The commission may:
1-8 (1) adopt rules for the administration of this chapter
1-9 and for the commission's internal management and control;
1-10 (2) employ an executive director and other personnel
1-11 necessary in the performance of commission functions;
1-12 (3) accept donations, contributions, grants, or gifts
1-13 from private individuals, foundations, or the federal government;
1-14 (4) report to the governor and legislature on its
1-15 activities, with recommendations on matters under its jurisdiction,
1-16 and make other reports that it considers desirable;
1-17 (5) establish reasonable and necessary fees for the
1-18 administration of this chapter;
1-19 (6) require the submission of reports and information
1-20 by a state agency or a county, special district, or municipality in
1-21 this state that employs officers or county jailers;
1-22 (7) contract with other persons as the commission
1-23 considers necessary for services, facilities, studies, and reports
1-24 required for:
2-1 (A) cooperation with municipal, county, special
2-2 district, state, and federal law enforcement agencies in training
2-3 programs; and
2-4 (B) performance of the commission's other
2-5 functions;
2-6 (8) conduct research to improve law enforcement and
2-7 police administration and stimulate research by public and private
2-8 agencies for that purpose; and
2-9 (9) establish minimum standards relating to competence
2-10 and reliability, including educational, training, physical, mental,
2-11 and moral standards, for licensing as an officer, county jailer, or
2-12 public security officer.
2-13 (b) The commission shall adopt and publish a code of conduct
2-14 for officers that must include rules of conduct relating to the
2-15 prevention of verbal and physical abuse of citizens by officers.
2-16 SECTION 2. Subchapter C, Chapter 415, Government Code, is
2-17 amended by adding Section 415.0601 to read as follows:
2-18 Sec. 415.0601. INVESTIGATION OF MISCONDUCT. (a) The
2-19 commission shall appoint a citizen review panel composed of nine
2-20 representatives of the public that shall accept, investigate, and
2-21 hold hearings on complaints from citizens that allege misconduct by
2-22 an officer who violates the code of conduct published by the
2-23 commission under Section 415.010.
2-24 (b) Appointments to the citizen review panel shall be made
2-25 so that:
2-26 (1) each geographic area of the state is represented
2-27 on the panel; and
3-1 (2) the composition of the panel reflects the state's
3-2 racial and ethnic diversity.
3-3 (c) An individual is not eligible for appointment to the
3-4 citizen review panel if the individual or the individual's spouse
3-5 is licensed under this chapter.
3-6 (d) Members of the citizen review panel serve staggered
3-7 terms of two years, with the terms of five members expiring October
3-8 1 of odd-numbered years and the terms of four members expiring
3-9 October 1 of even-numbered years.
3-10 (e) Members of the citizen review panel are not entitled to
3-11 compensation but are entitled to reimbursement of expenses arising
3-12 from service on the panel subject to any applicable limit on
3-13 reimbursement prescribed by general law or the General
3-14 Appropriations Act.
3-15 (f) A citizen may file with the commission for consideration
3-16 by the citizen review panel a complaint alleging misconduct by an
3-17 officer that violates the code of conduct published by the
3-18 commission under Section 415.010(b), without regard to whether the
3-19 citizen has filed a complaint with the entity that employs the
3-20 officer.
3-21 (g) If, after investigating the complaint and holding a
3-22 hearing, the citizen review panel determines that an officer has
3-23 engaged in misconduct that violates the code of conduct published
3-24 by the commission under Section 415.010(b), the panel shall
3-25 recommend that the commission, in accordance with Section
3-26 415.060(b), take any action against the officer that the panel
3-27 considers appropriate, including a public reprimand, a requirement
4-1 that the officer attend a training session designed to address the
4-2 particular type of misconduct committed, or a suspension or
4-3 revocation of the officer's license.
4-4 (h) The commission shall adopt rules necessary to administer
4-5 this section, including rules relating to the procedures for filing
4-6 and investigating a complaint, for holding a hearing to resolve the
4-7 complaint, and for consideration of and action on the panel's
4-8 recommendation by the commission.
4-9 (i) The commission may hire personnel necessary to
4-10 administer this section, including investigators and hearing
4-11 examiners.
4-12 SECTION 3. This Act takes effect September 1, 1999.
4-13 SECTION 4. This Act applies only to a complaint arising out
4-14 of an event that occurs on or after the effective date of this Act.
4-15 SECTION 5. The importance of this legislation and the
4-16 crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended.