By: Menéndez S.B. No. 2060
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to creating an independent ombudsman within the Texas
  Military Department.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 437.003, Government Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  The governor, with the advice and consent of the
  senate, shall appoint an ombudsman to a two-year term expiring
  February 1 of each odd-numbered year. The ombudsman acts
  independently of the department in the performance of the
  ombudsman's powers and duties under this chapter and is subordinate
  only to the governor in matters related to those duties.
         SECTION 2.  Subchapter B, Chapter 437, Government Code, is
  amended by adding Sections 437.064, 437.065, and 437.066 to read as
  follows:
         Sec. 437.064.  OMBUDSMAN: ADMINISTRATIVE ATTACHMENT; POWERS
  AND DUTIES. (a) The ombudsman is administratively attached to the
  department. The department shall provide office space and
  administrative support services to the ombudsman.
         (b)  The department shall establish procedures to allow a
  service member or department employee to communicate with the
  ombudsman regarding a power or duty of the ombudsman. The
  communication is confidential and privileged.
         (c)  The ombudsman may:
               (1)  receive complaints, including anonymous
  complaints, alleging sexual harassment, sexual assault, assault,
  and other wrongful conduct by a service member or department
  employee;
               (2)  investigate a submitted complaint;
               (3)  access department records and facilities related
  to a submitted complaint;
               (4)  subpoena the records of a private entity related
  to a submitted complaint;
               (5)  as the ombudsman determines appropriate, refer a
  complaint for investigation as a criminal charge or specification
  under Chapter 432;
               (6)  track complaints through any disciplinary or
  criminal process against the respondent and provide assistance to
  the complainant through the process; and
               (7)  review a criminal investigation conducted by the
  department to:
                     (A)  ensure the investigation was conducted in an
  accurate, unbiased, and thorough manner; and
                     (B)  determine whether a pattern of complaints
  exists suggesting that an issue affects more than one service
  member or department employee.
         (d)  A complaint submitted to the ombudsman and any
  investigation conducted by the ombudsman under this chapter are
  independent of the system established under Chapter 432.
         (e)  Notwithstanding Subsection (c), the ombudsman may not
  conduct an investigation of a complaint that is subject to an
  ongoing investigation under Chapter 432.
         Sec. 437.065.  CONFIDENTIALITY OF INFORMATION SUBMITTED TO
  OMBUDSMAN. (a) Except as provided by Subsection (b), the name,
  address, and other personally identifiable information of a person
  who files a complaint with the ombudsman, information generated in
  the course of an investigation of a complaint, and confidential
  records obtained by the ombudsman are confidential and not subject
  to disclosure under Chapter 552.
         (b)  Information and records, other than confidential
  information and records concerning a pending investigation or
  criminal action under Chapter 432 or other law, may be disclosed to
  an appropriate person if the ombudsman determines that disclosure
  is:
               (1)  in the public interest;
               (2)  necessary to enable the ombudsman to perform a
  duty under this chapter; or
               (3)  necessary to prevent an assault or sexual assault
  of a service member or department employee.
         Sec. 437.066.  PARTNERSHIP WITH THE TEXAS DEPARTMENT OF
  PUBLIC SAFETY. At the request of the service member the Texas
  Military Department shall work with the Texas Rangers Division of
  the Texas Department of Public Safety in referring the case to the
  jurisdiction of the United States Department of Justice, Office of
  the United States Attorney. The department shall establish
  procedures of the referral process between the department, the
  Texas Rangers, and the United States Department of Justice, Office
  of the United States Attorney.
         Sec. 437.067.  OMBUDSMAN ANNUAL REPORT. Not later than
  February 1 of each year, the ombudsman shall prepare and submit to
  the governor, the lieutenant governor, the state auditor, and each
  member of the legislature an annual report on the work of the
  ombudsman during the preceding calendar year. The report must
  include:
               (1)  the results of any review or investigation
  undertaken by the ombudsman, subject to the confidentiality
  provisions of this subchapter; and
               (2)  any recommendations of the ombudsman regarding the
  duties of the ombudsman or the operations of the department.
         SECTION 3.  As soon as practicable after the effective date
  of this Act, the governor shall appoint an initial ombudsman for the
  Texas Military Department as required by Section 437.003(a-1),
  Government Code, as added by this Act, to a term expiring February
  1, 2023.
         SECTION 4.  This Act takes effect September 1, 2021.