79R1987 KEG-D
By: Moreno of El Paso H.B. No. 1197
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 146 to read as follows:
CHAPTER 146. COMMUNITY RELATIONS BOARDS
IN CERTAIN MUNICIPALITIES
Sec. 146.001. 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. 146.002. 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. 146.003. APPELLATE JURISDICTION OF BOARD. (a) In a
municipality in which a community relations board has been
established that also has an internal affairs division or similar
body in its police department that receives complaints that would
otherwise be within the community relations board's original
jurisdiction, a complaint must be filed originally with the
internal affairs division or similar body. A complainant 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 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. For purposes of the procedures
prescribed by Section 146.004, other than Section 146.004(a), the
appeal is considered to be the complaint. The action taken by the
department is not suspended by the appeal.
Sec. 146.004. 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, 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. A
complaint under this subsection must be filed not later than the
90th day after the date the act that is the subject of the complaint
occurred.
(b) Each person who files a complaint and each officer
accused in the complaint are parties to the complaint. 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. 146.005. 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. 146.006. BOARD MAY ADOPT RULES. The community
relations board may adopt rules to govern its proceedings under
this chapter.
Sec. 146.007. 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. The changes in law made by this Act apply only to
an act committed or alleged to have been committed by a law
enforcement officer on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2005.