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.