78(R) HB 279 - Introduced version


                                                                                

78R1044 KEG-D

By:  Moreno of El Paso                                            H.B. No. 279



A BILL TO BE ENTITLED

AN ACT

relating to the establishment in certain municipalities of boards 
to receive and act on complaints of police misconduct.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle A, Title 5, Local Government Code, is 
amended by adding Chapter 145 to read as follows:

CHAPTER 145.  COMMUNITY RELATIONS BOARDS
IN CERTAIN MUNICIPALITIES
	Sec. 145.001.  COMMUNITY RELATIONS BOARD. The governing body 
of a municipality with a population of more than 200,000 may 
establish a community relations board as prescribed by this chapter 
to receive and dispose of complaints filed against police officers 
as provided by this chapter.
	Sec. 145.002.  COMPOSITION OF BOARD.  (a)  The community 
relations board is composed of seven municipal residents appointed 
by the municipality's governing body.  The board must include:
		(1)  a person who is an officer of at least the rank of 
captain or its equivalent in the municipality's police department;
		(2)  an attorney licensed to practice law in this 
state; and         
		(3)  a physician licensed by this state.                               
	(b)  The governing body of a municipality that establishes a 
community relations board under this chapter shall appoint persons 
to the board so that the racial and ethnic backgrounds of the 
various board members reflect the proportional representation of 
the various racial and ethnic groups in the municipality's 
population.
	(c)  Except for the initial members, members of the community 
relations board serve two-year terms that expire on February 1 of 
each odd-numbered year.  The initial members serve terms expiring 
on the first February 1 of an odd-numbered year following the date 
the members qualify for office.  Board members may not receive 
compensation for service on the board but may be reimbursed for 
actual expenses incurred on board business as provided by the 
governing body of the municipality.
	Sec. 145.003.  APPELLATE JURISDICTION OF BOARD.  (a)  In a 
municipality that has an internal affairs division or similar body 
in its police department that receives complaints within the 
community relations board's jurisdiction, a complaint must be filed 
originally with the internal affairs division or similar body.  A 
person who is dissatisfied with the department's disposition of the 
complaint may appeal to the board.
	(b)  After final disposition of a complaint by an internal 
affairs division or similar body, the department shall give the 
person who filed the complaint written notice that:
		(1)  the complaint has been resolved and the manner in 
which it was resolved;
		(2)  the person may appeal to the community relations 
board if the person is dissatisfied with the department's 
disposition of the matter; and
		(3)  the person must file any appeal with the board 
within the period provided by Subsection (c).
	(c)  An appeal under Subsection (a) must be filed not later 
than the 30th day after the date the person receives written notice 
that the internal affairs division or similar body has made a final 
disposition of the matter.  In an appeal under this section, review 
by the community relations board is de novo.  However, the action 
taken by the department is not suspended by the appeal.
	Sec. 145.004.  ORIGINAL JURISDICTION OF BOARD.  (a)  In a 
municipality that does not have an internal affairs division or 
similar body in its police department and in which a community 
relations board has been established under this chapter, a person 
who believes that a police officer of the municipality used 
excessive force or abused the officer's authority in the discharge 
or purported discharge of the officer's duties may file a written 
complaint with the board.  The complaint must be filed not later 
than the 90th day after the date the act that is the subject of the 
complaint occurred.
	(b)  The community relations board shall send a copy of the 
complaint to the accused officer as soon as practicable after the 
complaint is received.  The officer may file a written statement in 
the officer's defense.
	(c)  After a complaint is filed with the community relations 
board, the board shall give each party written notice that:
		(1)  the party is entitled to a hearing on the 
complaint; and        
		(2)  any request for a hearing must be made to the board 
not later than the ninth day after the date the party receives the 
notice required by this subsection.
	(d)  The accused officer or the person who filed the 
complaint is entitled to a hearing on the complaint if the officer 
or the person makes a timely request for a hearing.  A request from a 
party is timely if it is made within the period required by 
Subsection (c).  The community relations board at any time may order 
a hearing on its own motion.
	(e)  The community relations board shall notify the parties 
of the date, time, and place of a hearing not later than the 14th day 
before the date the hearing is held.
	Sec. 145.005.  CONDUCT OF PROCEEDINGS.  (a)  A party may be 
represented by counsel in any part of a proceeding held under this 
chapter.
	(b)  The community relations board shall conduct the 
proceedings as informally as possible, consistent with the 
principles of due process of law.
	(c)  On hearing a complaint or, if no hearing is held, on 
examining all evidence submitted to it, the community relations 
board shall decide on the merits of the complaint and issue a 
written opinion.  The board may:
		(1)  order the suspension, demotion, or discharge of 
the police officer;
		(2)  issue a reprimand; or                                             
		(3)  exonerate the officer of the charge.                              
	(d)  An opinion of the community relations board must be 
signed by those members of the board who support it.
	Sec. 145.006.  BOARD MAY ADOPT RULES.  The community 
relations board may adopt rules to govern its proceedings under 
this chapter.
	Sec. 145.007.  EFFECT OF CIVIL SERVICE COMMISSION DECISION. 
If a municipality has a civil service commission, and that 
commission issues a decision that is inconsistent with a community 
relations board's disposition of a complaint based on the same act, 
the board's decision prevails.
	SECTION 2.   This Act takes effect September 1, 2003, and 
applies only to an act committed or alleged to have been committed 
by a law enforcement officer on or after that date.