By: Reynolds H.B. No. 61
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the office of law enforcement
  oversight.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 4, Government Code, is amended
  by adding Chapter 426 to read as follows:
  CHAPTER 426. OFFICE OF LAW ENFORCEMENT OVERSIGHT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 426.001.  DEFINITIONS. In this chapter:
               (1)  "Director" means the individual appointed under
  this chapter as director for the office.
               (2)  "Office" means the office of law enforcement
  oversight.
         Sec. 426.002.  ESTABLISHMENT; PURPOSE. The office is a
  state agency established for the purpose of monitoring the
  operations of law enforcement agencies in this state and the use of
  force practices of those agencies.
  SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
         Sec. 426.051.  APPOINTMENT OF DIRECTOR. (a) The governor
  shall appoint, with the advice and consent of the senate, a person
  to serve as director from a list of persons recommended by the
  standing committee of the house of representatives having primary
  jurisdiction over criminal justice matters.
         (b)  The director serves a two-year term.
         Sec. 426.052.  ASSISTANTS. The director may appoint
  assistants to perform, under the direction of the director, the
  same duties and to exercise the same powers as the director.
         Sec. 426.053.  CONFLICT OF INTEREST. (a) In this section,
  "Texas trade association" means a cooperative and voluntarily
  joined statewide association of business or professional
  competitors in this state designed to assist its members and its
  industry or profession in dealing with mutual business or
  professional problems and in promoting their common interest.
         (b)  A person may not be the director and may not be an
  employee of the office employed in a "bona fide executive,
  administrative, or professional capacity," as that phrase is used
  for purposes of establishing an exemption to the overtime
  provisions of the federal Fair Labor Standards Act of 1938 (29
  U.S.C. Section 201 et seq.), if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of law
  enforcement; or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of law
  enforcement.
         (c)  A person may not be the director or act as the general
  counsel to the office if the person is required to register as a
  lobbyist under Chapter 305, Government Code, because of the
  person's activities for compensation on behalf of a profession
  related to the office's operation.
         Sec. 426.054.  REPORT. The director shall prepare and
  submit to the governor, the lieutenant governor, and each member of
  the legislature:
               (1)  periodic reports that evaluate systemic issues
  affecting law enforcement agencies in this state; and
               (2)  an annual report that describes:
                     (A)  the work of the director and office;
                     (B)  the results of any review or investigation
  undertaken by the office; and
                     (C)  any recommendations that the director has
  regarding:
                           (i)  the duties of the director; or
                           (ii)  the operations of law enforcement
  agencies in this state.
         Sec. 426.055.  PROMOTION OF AWARENESS. The office shall
  promote awareness among the public regarding:
               (1)  how the office may be contacted;
               (2)  the purpose of the office; and
               (3)  the services the office provides.
         Sec. 426.056.  RULEMAKING AUTHORITY. The office by rule
  shall establish policies and procedures for the operations of the
  office, including procedures for receiving and reviewing
  complaints under this chapter.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 426.101.  POWERS AND DUTIES. (a) The director shall:
               (1)  review the complaints received by the office
  regarding the use of force by peace officers of law enforcement
  agencies; 
               (2)  if the director determines that, based on
  complaints and other evidence, there is a pattern of excessive
  force at a law enforcement agency, conduct an investigation into
  the agency's use of force practices; and
               (3)  if the investigation described by Subdivision (2)
  substantiates the alleged pattern of excessive force, request the
  appropriate district or county attorney to bring an action under
  this chapter to institute reforms to the agency's use of force
  practices.
         (b)  In making the determination described by Subsection
  (a)(2), the director may contact or consult with an officer or
  employee of a law enforcement agency, a complainant, or any other
  individual.
         Sec. 426.102.  ACCESS TO INFORMATION OF CERTAIN GOVERNMENTAL
  ENTITIES. A law enforcement agency shall allow the office access to
  the agency's records relating to an investigation conducted under
  this chapter. In allowing access to records under this section, the
  law enforcement agency shall fully cooperate and collaborate with
  the office in a prompt manner in order for the office to carry out
  its duties and improve the agency's operations and conditions.
         Sec. 426.103.  ACCESS TO INFORMATION OF PRIVATE ENTITIES.
  (a)  The director may subpoena the records of a private entity that
  relate to a complaint the office is investigating.
         (b)  A subpoena issued under this section may be served
  personally or by certified mail and must specify a reasonable
  return date for providing the sought records.
         (c)  If a person fails to comply with the subpoena, the
  office, acting through the appropriate district attorney or county
  attorney, may bring an action to enforce the subpoena in a district
  court in this state.  On finding that good cause exists for issuing
  the subpoena, the court shall order the person to comply with the
  subpoena.  The court may punish for contempt a person who fails to
  obey the court order.
         (d)  Before the return date specified by the subpoena, the
  person receiving the subpoena may, in a district court in Travis
  County, petition for an order to modify or quash the subpoena.
         Sec. 426.104.  ACCESS TO FACILITIES, RECORDS, AND PERSONNEL.
  The office may inspect or review without notice any part of a
  facility of a law enforcement agency under investigation or any
  operation, policy, procedure, record, or log of the agency relating
  to:
               (1)  a complaint received by the office;
               (2)  the use of force against an individual;
               (3)  the internal investigations process of the agency;
  and
               (4)  employee or officer recruitment, training,
  supervision, or discipline.
  SUBCHAPTER D. ENFORCEMENT
         Sec. 426.151.  ACTION AGAINST LAW ENFORCEMENT AGENCY. (a)  
  If after an investigation the director determines there is a
  pattern of excessive force at a law enforcement agency, the
  director shall request the appropriate district or county attorney
  to bring an action against the agency for:
               (1)  appropriate equitable relief, including authority
  for the office to require and monitor any changes to policies,
  procedures, and other measures necessary to end, to the extent
  practicable, the use of excessive force by the peace officers of the
  law enforcement agency; or
               (2)  the appointment of the office as receiver of the
  law enforcement agency for the purpose of instituting the changes
  described by Subdivision (1).
         (b)  The office shall assist the district or county attorney
  in prosecuting the action, as requested by the district or county
  attorney.
         (c)  Sovereign or governmental immunity, as applicable, is
  waived and abolished only to the extent necessary to enforce this
  chapter.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the governor shall appoint the initial director of the
  office of law enforcement oversight under Chapter 426, Government
  Code, as added by this Act.
         SECTION 3.  This Act takes effect on the 91st day after the
  last day of the legislative session.