Bill Text: TX HB47 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the creation of the office of law enforcement oversight.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-07-07 - Filed [HB47 Detail]
Download: Texas-2021-HB47-Introduced.html
| 87S10174 JCG-D | ||
| By: Reynolds | H.B. No. 47 | |
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| 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. | ||
