85R12412 SCL-D     By: Thierry H.B. No. 4005       A BILL TO BE ENTITLED   AN ACT   relating to civilian complaint review boards in certain   municipalities and counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 5, Local Government Code, is   amended by adding Chapter 179 to read as follows:   CHAPTER 179. CIVILIAN COMPLAINT REVIEW BOARDS IN CERTAIN   MUNICIPALITIES AND COUNTIES   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 179.001.  APPLICABILITY.  This chapter applies only to:                (1)  a municipality with a population of two million or   more; and                (2)  a county with a population of 3.3 million or more.          Sec. 179.002.  DEFINITIONS. In this chapter:                (1)  "Board" means a civilian complaint review board.                (2)  "Peace officer" means an individual appointed or   employed to serve as a peace officer for a municipality or county   under Article 2.12, Code of Criminal Procedure, or other law.          Sec. 179.003.  CIVILIAN COMPLAINT REVIEW BOARD. A board is   established in each municipality and in each county subject to this   chapter to investigate allegations of peace officer misconduct as   provided by this chapter.   SUBCHAPTER B. CIVILIAN COMPLAINT REVIEW BOARD          Sec. 179.051.  COMPOSITION OF BOARD. (a)  A municipal 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.          (b)  A county board consists of five public members appointed   as follows:                (1)  two members appointed by the county judge of the   county;                (2)  one member appointed by the sheriff of the county;   and                (3)  two members appointed by the commissioners court   of the county.          Sec. 179.052.  INELIGIBILITY. A board member may not:                (1)  be a municipal or county 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. 179.053.  TERMS. A board member is appointed for a   two-year term.          Sec. 179.054.  PRESIDING OFFICER. The presiding officer of   the governing body of the municipality or county judge of the   county, as applicable, 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 or county judge of the county, as applicable.          Sec. 179.055.  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   179.052;                (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 or county judge of the county, as applicable, 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 or county judge of the   county, as applicable, that a potential ground for removal exists.          Sec. 179.056.  VACANCY. A vacancy on a board shall be filled   for the unexpired term in the same manner as the original   appointment.          Sec. 179.057.  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. 179.101.  EXECUTIVE DIRECTOR. A board shall employ an   executive director if necessary to administer the policies of the   board.          Sec. 179.102.  PERSONNEL. A board may employ personnel as   necessary to exercise its powers and fulfill its duties under this   chapter.          Sec. 179.103.  RULES. A board may adopt rules as necessary   to implement this chapter.   SUBCHAPTER D. INVESTIGATION OF COMPLAINTS          Sec. 179.151.  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 179.152 or   initiated by a majority vote of the board.          Sec. 179.152.  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 179.151(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. 179.153.  INVESTIGATION OF COMPLAINT. (a)  A board   shall forward each complaint filed with the board to the municipal   attorney or county attorney, as applicable.  The municipal attorney   or county attorney, as applicable, 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 or county attorney, as   applicable, shall complete the investigation of a complaint not   later than the 120th day after the date the municipal attorney or   county attorney received the complaint from the board.          Sec. 179.154.  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. 179.155.  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. 179.156.  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. 179.157.  COMPLAINT DETERMINATION AFTER INVESTIGATION.   (a)  After an investigation of a complaint is complete, the   municipal attorney or county attorney, as applicable, 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. 179.158.  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 civilian complaint   review board shall be appointed as provided by Section 179.051,   Local Government Code, as added by this Act, not later than October   1, 2017.          (b)  The change in law made by Chapter 179, Local Government   Code, as added by this Act, applies only to misconduct that occurs   on or after October 1, 2017. Misconduct that occurs before October   1, 2017, 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, 2017.