84R1294 TJB-F
	By: Miles	H.B. No. 261

	A BILL TO BE ENTITLED
	AN ACT
	relating to municipal civilian complaint review boards in certain
	municipalities.
	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 IN
	CERTAIN MUNICIPALITIES
	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 each municipality subject to this chapter
	to investigate allegations of peace officer misconduct as provided
	by this chapter.
	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 as a peace officer, a criminal
	investigator, a special agent, or a managerial or supervisory
	employee with substantial policy discretion on law enforcement
	matters, in a federal, state, or local law enforcement agency,
	other than as an attorney in a prosecutorial agency.
	Sec. 143A.053.  TERMS. A board member is appointed for a
	two-year term.
	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) A
	board member may be removed from a board if the member:
	(1)  is ineligible for membership under Section
	143A.052;
	(2)  cannot discharge the member's duties for a
	substantial part of the member's term because of illness or
	disability; or
	(3)  is absent from more than half of the regularly
	scheduled board meetings 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.
	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.
	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
	power 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.  COMPLAINT ALLEGING MISCONDUCT. (a) A person
	may file a complaint with a board alleging peace officer
	misconduct.
	(b)  A complaint 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.
	(c)  A person who files a complaint is not required to be the
	alleged victim of the misconduct.
	Sec. 143A.153.  INVESTIGATION OF COMPLAINT. (a)  A board
	shall forward each complaint filed with the board to the municipal
	attorney.  The municipal attorney shall investigate the complaint
	as necessary, including by:
	(1)  interviewing and obtaining a statement from the
	complainant, each peace officer who is the subject of the
	complaint, and each witness to the alleged misconduct; and
	(2)  obtaining any documentary or other evidence
	relevant to the investigation.
	(b)  The municipal attorney shall complete the investigation
	of a complaint not later than the 120th day after the date the
	municipal attorney received the complaint from the board.
	Sec. 143A.154.  COMPLAINT REVIEW PROCEDURE. A board shall:
	(1)  develop a system to promptly and efficiently act
	on a complaint filed with the board;
	(2)  maintain information regarding:
	(A)  the parties to each complaint;
	(B)  the subject matter of each complaint;
	(C)  the results of the investigation of each
	complaint; and
	(D)  the disposition of each complaint;
	(3)  make information available describing the board's
	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; and
	(6)  provide the parties to the complaint with the
	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. A subpoena must relate to a matter under
	investigation by the board.
	(b)  If a person refuses to comply with a subpoena issued
	under this section, the board may apply to a court for an order
	requiring the person to comply with the subpoena. Failure to comply
	with the court order is punishable as contempt.
	Sec. 143A.156.  DISMISSAL OF COMPLAINT; GROUNDS FOR CLOSING
	INVESTIGATION. A board may dismiss a complaint and close an
	investigation without reaching a final determination if the person
	who filed the complaint or the alleged victim of misconduct
	requests that the board dismiss the complaint.
	Sec. 143A.157.  COMPLAINT DETERMINATION AFTER
	INVESTIGATION. (a) After an investigation of a complaint is
	complete, the municipal attorney 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. The determination of the board or panel
	must be made not later than the 180th day after the date the board
	received the complaint.
	(b)  The board shall state the determination of the board
	regarding each allegation in a complaint as:
	(1)  substantiated if the board finds by a
	preponderance of the evidence that the person who is the subject of
	the complaint committed the alleged misconduct;
	(2)  exonerated if the board finds by a preponderance
	of the evidence that the person who is the subject of the complaint
	engaged in the action alleged in the complaint but the action was
	not misconduct because the action was lawful and proper;
	(3)  unfounded if the board finds by a preponderance of
	the evidence that the person who is the subject of the complaint did
	not commit the alleged misconduct;
	(4)  unsubstantiated if the board finds that the
	available evidence is insufficient to make a finding by a
	preponderance of the evidence under Subdivision (1), (2), or (3);
	or
	(5)  nonactionable if the board finds that the person
	who is the subject of the complaint is no longer a peace officer or
	cannot be identified.
	Sec. 143A.158.  NOTICE OF BOARD'S DETERMINATION. (a) A
	board shall notify the parties to the complaint of the board's
	determination.
	(b)  The board shall 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 employer fails to take disciplinary action against the peace
	officer before the 30th day after the date the board notifies the
	employer of the board's determination, the board shall forward the
	case to the attorney representing the state or the appropriate
	United States attorney.
	SECTION 2.  (a)  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, 2015.
	(b)  The change in law made by Chapter 143A, Local Government
	Code, as added by this Act, applies only to misconduct that occurs
	on or after October 1, 2015. Misconduct that occurs before October
	1, 2015, is covered by the law in effect when the misconduct
	occurred, and the former law is continued in effect for that
	purpose.
	SECTION 3.  This Act takes effect September 1, 2015.