Bill Text: TX HB61 | 2021 | 87th Legislature 2nd Special Session | Introduced

Texas House Bill 61 (Prior Session Legislation)

Introduced

Bill Title: Relating to the creation of the office of law enforcement oversight.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2021-08-06 - Filed [HB61 Detail]

Download: Texas-2021-HB61-Introduced.html



	By: Reynolds	H.B. No. 61



	A BILL TO BE ENTITLED
	AN ACT
	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.