By Wilson                                             H.B. No. 2364
         76R6427 BDH-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 municipalities.
 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 to a
 1-9     municipality with a population of 110,000 or more.
1-10           Sec. 145.002.  CREATION OF BOARD.  The governing body of the
1-11     municipality may create a civilian review board for police
1-12     accountability.
1-13           Sec. 145.003.  POWERS OF BOARD.  (a)  The board may:
1-14                 (1)  investigate allegations of police misconduct;
1-15                 (2)  issue subpoenas and subpoenas duces tecum for the
1-16     attendance of witnesses and for the production of documents;
1-17                 (3)  bring suit to enforce a subpoena;
1-18                 (4)  administer oaths;
1-19                 (5)  initiate disciplinary actions;
1-20                 (6)  review disciplinary actions of police officers;
1-21     and
1-22                 (7)  adopt rules to govern police conduct that are
1-23     consistent with state and federal law.
1-24           (b)  If the municipality has a civil service commission and
 2-1     the commission adopts a rule governing police conduct that is
 2-2     inconsistent with the board's adopted rule, the board's rule
 2-3     prevails.
 2-4           (c)  Neither Section 143.057 nor Section 143.1016 applies to
 2-5     any disciplinary action in a municipality if the municipality:
 2-6                 (1)  creates a civilian review board as provided by
 2-7     Section 145.002; and
 2-8                 (2)  determines that the application of Section 143.057
 2-9     or 143.1016 would impair the efficient operation of the civilian
2-10     review board.
2-11           Sec. 145.004.  EFFECT OF BARGAINING AGREEMENT.  A written
2-12     agreement ratified under Subchapter I or J, Chapter 143, may not
2-13     supersede this chapter or a rule adopted or action taken under this
2-14     chapter.
2-15           SECTION 2.  This Act takes effect September 1, 1999.
2-16           SECTION 3.  The importance of this legislation and the
2-17     crowded condition of the calendars in both houses create an
2-18     emergency and an imperative public necessity that the
2-19     constitutional rule requiring bills to be read on three several
2-20     days in each house be suspended, and this rule is hereby suspended.