82R11461 TJB-F
 
  By: Miles H.B. No. 3357
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to municipal civilian complaint review boards.
         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 143A to read as follows:
  CHAPTER 143A. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARDS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 143A.001.  APPLICABILITY.  This chapter applies only to
  a municipality with a population of two million or more.
         Sec. 143A.002.  DEFINITIONS. In this chapter:
               (1)  "Board" means a municipal civilian complaint
  review board.
               (2)  "Peace officer" means an individual appointed or
  employed to serve as a peace officer for a municipality under
  Article 2.12, Code of Criminal Procedure, or other law.
         Sec. 143A.003.  MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD.
  A board is established in a municipality subject to this chapter to
  investigate allegations of peace officer misconduct as provided by
  this chapter.
  [Sections 143A.004-143A.050 reserved for expansion]
  SUBCHAPTER B. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD
         Sec. 143A.051.  COMPOSITION OF BOARD. A board consists of
  five public members appointed as follows:
               (1)  two members appointed by the presiding officer of
  the governing body of the municipality, one of whom must be
  appointed from a list of municipal residents submitted to the
  presiding officer by the governing body of the municipality;
               (2)  one member appointed by the county judge of the
  county in which the municipality is primarily located;
               (3)  one member appointed by the police chief of the
  municipal police department; and
               (4)  one member appointed by the commissioners court of
  the county in which the municipality is primarily located.
         Sec. 143A.052.  INELIGIBILITY. A board member may not:
               (1)  be a municipal employee;
               (2)  hold any public office; or
               (3)  have any experience as a law enforcement
  professional, including experience as a peace officer, a criminal
  investigator, a special agent, or a managerial or supervisory
  employee who exercised substantial policy discretion on law
  enforcement matters, in a federal, state, or local law enforcement
  agency, other than experience as an attorney in a prosecutorial
  agency.
         Sec. 143A.053.  TERMS. Board members are appointed for
  two-year terms.
         Sec. 143A.054.  PRESIDING OFFICER. The presiding officer of
  the governing body of the municipality shall designate a board
  member as the presiding officer of the board to serve in that
  capacity at the pleasure of the presiding officer of the governing
  body of the municipality.
         Sec. 143A.055.  GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) It
  is a ground for removal from a board that a member:
               (1)  is ineligible for membership under Section
  143A.052;
               (2)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term; or
               (3)  is absent from more than half of the regularly
  scheduled board meetings that the member is eligible to attend
  during a calendar year without an excuse approved by a majority
  vote of the board.
         (b)  The validity of an action of a board is not affected by
  the fact that it is taken when a ground for removal of a board member
  exists.
         (c)  If the executive director of a board or another board
  member has knowledge that a potential ground for removal exists,
  the executive director or board member shall notify the presiding
  officer of the board of the potential ground. The presiding officer
  shall then notify the presiding officer of the governing body of the
  municipality that a potential ground for removal exists. If the
  potential ground for removal involves the presiding officer of the
  board, the executive director or board member shall notify the next
  highest ranking officer of the board, who shall then notify the
  presiding officer of the governing body of the municipality that a
  potential ground for removal exists.
         Sec. 143A.056.  VACANCY. A vacancy on a board shall be
  filled for the unexpired term in the same manner as the original
  appointment.
         Sec. 143A.057.  COMPENSATION; EXPENSES. (a) A board member
  is entitled to a per diem of $150 for each day the member engages in
  board business. The total per diem a board member may receive
  during a fiscal year may not exceed $5,000.
         (b)  A board member is entitled to reimbursement for actual
  and necessary expenses incurred in performing the official duties
  of the board.
  [Sections 143A.058-143A.100 reserved for expansion]
  SUBCHAPTER C. GENERAL POWERS AND DUTIES
         Sec. 143A.101.  EXECUTIVE DIRECTOR. A board shall employ an
  executive director if necessary to administer the policies of the
  board.
         Sec. 143A.102.  PERSONNEL. A board may employ personnel as
  necessary to exercise its powers and fulfill its duties under this
  chapter.
         Sec. 143A.103.  RULES. A board may adopt rules as necessary
  to implement this chapter.
  [Sections 143A.104-143A.150 reserved for expansion]
  SUBCHAPTER D. INVESTIGATION OF COMPLAINTS
         Sec. 143A.151.  INVESTIGATION OF COMPLAINTS. (a) A board
  may investigate a complaint that alleges peace officer misconduct
  involving:
               (1)  excessive use of force; or
               (2)  abuse of authority, including the improper use of
  powers to threaten, intimidate, or otherwise mistreat a member of
  the public, threats of force, and unlawful acts, searches, and
  seizures.
         (b)  A complaint may be filed under Section 143A.152 or
  initiated by a majority vote of the board.
         Sec. 143A.152.  REQUIREMENTS FOR COMPLAINT. (a) A complaint
  filed with a board under this chapter must:
               (1)  be in writing;
               (2)  allege the peace officer engaged in misconduct
  described by Section 143A.151(a); and
               (3)  describe the alleged misconduct.
         (b)  A person who files a complaint is not required to be the
  alleged victim of the misconduct.
         Sec. 143A.153.  INVESTIGATION OF COMPLAINT. A board shall
  forward each complaint filed with the board to the municipal
  attorney's office.  The municipal attorney's office shall take such
  steps as are necessary to investigate the complaint, including:
               (1)  obtaining a statement from the complainant,
  witness statements, and documentary evidence; and
               (2)  interviewing witnesses and any peace officer who
  is the subject of the complaint.
         Sec. 143A.154.  COMPLAINT REVIEW PROCEDURE. A board shall:
               (1)  develop a system to promptly and efficiently act
  on complaints filed with the board;
               (2)  maintain information regarding:
                     (A)  the parties to a complaint;
                     (B)  the subject matter of the complaint;
                     (C)  the results of the investigation of the
  complaint; and
                     (D)  the disposition of the complaint;
               (3)  make information available describing its
  procedures for complaint investigation and resolution;
               (4)  take reasonable measures to ensure the
  confidentiality of all complainants;
               (5)  periodically notify the parties to the complaint
  in writing of the status of the complaint until final disposition;
  and
               (6)  provide the parties to the complaint a name,
  address, and telephone number of an individual to contact in order
  to give or obtain information regarding the complaint.
         Sec. 143A.155.  SUBPOENAS. (a) A board may issue a subpoena
  to compel the attendance of a witness or the production of any book,
  record, or other document reasonably necessary to conduct an
  investigation under this chapter. A subpoena must relate to a
  matter under investigation by the board.
         (b)  If a person refuses to obey a subpoena issued under this
  section, the board may apply to a court for an order requiring that
  the person obey the subpoena. Failure to obey the court order is
  punishable as contempt.
         Sec. 143A.156.  MEDIATION OF COMPLAINTS. (a) As an
  alternative to an investigation and proposed disciplinary action, a
  board may offer to mediate a complaint filed with the board using a
  trained, experienced mediator.
         (b)  The board shall establish procedures for mediating a
  complaint and guidelines for determining which complaints are
  appropriate for mediation.
         Sec. 143A.157.  DISMISSAL OF COMPLAINT; GROUNDS FOR CLOSING
  INVESTIGATION. A board may dismiss a complaint and close an
  investigation without reaching a final determination when the
  person who filed the complaint or the alleged victim of misconduct
  asks the office to withdraw the complaint.
         Sec. 143A.158.  COMPLAINT DETERMINATION AFTER
  INVESTIGATION. (a) After an investigation of a complaint is
  complete, the municipal attorney's office shall forward the
  investigation to the board or a panel of at least three board
  members. The board or panel shall review the case, including all
  evidence, and make a determination on each allegation in the
  complaint that has not been dismissed by the board or mediated. The
  board's determination must be made not later than six months after
  the date the board receives the complaint.
         (b)  Except as provided by Subsection (c), the determination
  for each allegation in the complaint must be:
               (1)  substantiated;
               (2)  exonerated;
               (3)  unfounded;
               (4)  unsubstantiated; or
               (5)  miscellaneous.
         (c)  The board must determine that "the person complained
  about remains unidentified" if the person's identity has not been
  discovered after the investigation.
         (d)  In this section, a "substantiated" determination means
  that a preponderance of the evidence shows that the person who is
  the subject of the complaint committed the alleged misconduct.
         (e)  In this section, an "exonerated" determination means
  that a preponderance of the evidence shows that the person who is
  the subject of the complaint engaged in the actions alleged in the
  complaint but that the actions were not misconduct because the
  person's actions were lawful and proper.
         (f)  In this section, an "unfounded" determination means
  that a preponderance of the evidence shows that the person who is
  the subject of the complaint did not commit the alleged misconduct.
         (g)  In this section, an "unsubstantiated" determination
  means that the available evidence was insufficient to reach a
  determination on a preponderance of the evidence of substantiated,
  exonerated, or unfounded.
         (h)  In this section, "miscellaneous" means that a
  preponderance of the evidence shows that the person who is the
  subject of the complaint is no longer a peace officer.
         Sec. 143A.159.  NOTICE OF BOARD'S DETERMINATION. (a) The
  board shall notify the person who filed the complaint and each
  person who is the subject of the complaint of the board's
  determination.
         (b)  The board shall also notify the employer of the peace
  officer who is the subject of the complaint of the board's
  determination. If the board finds that a complaint is
  substantiated, the board may recommend an appropriate disciplinary
  action to the employer. If the peace officer's employer fails to
  take disciplinary action against the peace officer before the 30th
  day after the date the board notifies the employer of its
  determination, the board shall forward the case to the attorney
  representing the state in the prosecution of felonies for the
  jurisdiction in which the misconduct occurred.
         SECTION 2.  The initial members of a municipal civilian
  complaint review board shall be appointed as provided by Section
  143A.051, Local Government Code, as added by this Act, not later
  than October 1, 2011.
         SECTION 3.  This Act takes effect September 1, 2011.