Texas SB 280: Relating to municipal civilian complaint review boards for peace officer misconduct in certain municipalities.

Bill Text

By:AAMiles S.B.ANo.A280
A BILL TO BE ENTITLED
AN ACT
relating to municipal civilian complaint review boards for peace
officer misconduct in certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASubtitle A, Title 5, Local Government Code, is
amended by adding Chapter 143A to read as follows:
CHAPTER 143A. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARDS FOR PEACE
OFFICER MISCONDUCT IN CERTAIN MUNICIPALITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec.A143A.001.AAAPPLICABILITY. This chapter applies only to
a municipality with a population of 200,000 or more.
Sec.A143A.002.AADEFINITIONS. In this chapter:
(1)AA"Board" means a municipal civilian complaint
review board for peace officer misconduct.
(2)AA"Peace officer" means a peace officer described by
Article 2.12, Code of Criminal Procedure, appointed or employed to
serve as a peace officer for a municipality.
Sec.A143A.003.AAMUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD
FOR PEACE OFFICER MISCONDUCT. A board is established in each
municipality subject to this chapter to investigate complaints
alleging peace officer misconduct.
SUBCHAPTER B. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD FOR PEACE
OFFICER MISCONDUCT
Sec.A143A.051.AACOMPOSITION OF BOARD. A board consists of
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five public members appointed as follows:
(1)AAtwo 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)AAone member appointed by the county judge of the
county in which the municipality is wholly or primarily located;
(3)AAone member appointed by the police chief of the
municipal police department; and
(4)AAone member appointed by the commissioners court of
the county in which the municipality is wholly or primarily
located.
Sec.A143A.052.AAINELIGIBILITY. A person is ineligible to
serve as a board member if the person:
(1)AAis a municipal employee;
(2)AAholds a public office; or
(3)AAhas experience as a law enforcement professional,
including as:
(A)AAa peace officer;
(B)AAa criminal investigator;
(C)AAa special agent; or
(D)AAa 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.A143A.053.AATERMS. A board member is appointed for a
two-year term.
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Sec.A143A.054.AAPRESIDINGAOFFICER. The presiding officer of
the governing body of the municipality shall designate a board
member to serve as the presiding officer of the board at the
pleasure of the presiding officer of the governing body of the
municipality.
Sec.A143A.055.AAGROUNDS FOR REMOVAL OF BOARD MEMBER. (a) A
board member may be removed from a board if the member:
(1)AAis ineligible for membership under Section
143A.052;
(2)AAcannot discharge the member’s duties for a
substantial part of the member’s term because of illness or
disability; or
(3)AAis 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)AAThe 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)AAIf 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
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presiding officer of the governing body of the municipality that a
potential ground for removal exists.
Sec.A143A.056.AAVACANCY. A vacancy on a board shall be
filled for the unexpired term in the same manner as the original
appointment.
Sec.A143A.057.AACOMPENSATION; 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)AAA board member is entitled to reimbursement for actual
and necessary expenses incurred in performing the duties of the
board.
SUBCHAPTER C. GENERAL POWERS AND DUTIES
Sec.A143A.101.AAEXECUTIVE DIRECTOR. A board may employ an
executive director as necessary to administer the policies of the
board.
Sec.A143A.102.AAPERSONNEL. A board may employ personnel as
necessary to exerc