HBA-ATS H.B. 771 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 771
By: Davis, Yvonne
Public Safety
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

Some citizens have made complaints relating to alleged verbal and physical
abuse by law enforcement officers and feel that no attention was given and
ultimately no action taken regarding the alleged offenses. H.B. 771
requires the Commission on Law Enforcement Officer Standards and Education
to adopt and publish a code of conduct for officers, and to include in the
code rules relating to the prevention of verbal and physical abuse of
citizens by officers.  This bill also requires the appointment of a citizen
review panel that will accept, investigate, and hold hearings regarding
citizen complaints of alleged misconduct.  The panel is required to act
appropriately against an officer if it determines that the officer engaged
in misconduct that violates the code. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Commission on Law Enforcement
Officer Standards and Education in SECTION 2 (Section 415.0601, Government
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 415.010, Government Code, as follows:

(a) Creates this subsection from existing text.

(b) Requires the Commission on Law Enforcement Officer Standards and
Education (commission) to adopt and publish a code of conduct (code) for
officers.  Requires the code to incorporate rules relating to the
prevention of verbal and physical abuse of citizens by officers. 

SECTION 2.  Amends Subchapter C, Chapter 415, Government Code, by adding
Section 415.0601, as follows: 

Sec. 415.0601.  INVESTIGATION OF MISCONDUCT.  (a) Requires the commission
to appoint a citizen review panel (panel) composed of nine public
representatives.  Requires the panel to accept, investigate, and hold
hearings on citizen complaints that allege misconduct by an officer who
violates the code. 

(b) Requires the appointments to the panel to represent each geographic
area of the state and to reflect the state's racial and ethnic diversity. 

(c) Prohibits the appointment to the panel of an individual, or an
individual's spouse, who is licensed under this chapter. 

(d) Provides for staggered, two-year terms of service for the panel
members.  Establishes the dates for expiration of the terms. 

(e) Sets forth that panel members are entitled to reimbursement of
expenses, but not to compensation, for their service, subject to legally
imposed limits on reimbursement. 

 (f) Authorizes a citizen to file a complaint alleging misconduct by an
officer that violates the code. 

(g) Requires the panel to recommend that the commission act appropriately
against an officer if the panel determines that the officer engaged in
misconduct that violates the code. 

(h) Requires the commission to adopt rules necessary to administer Section
415.0601. 

(i) Authorizes the commission to hire personnel necessary to administer
Section 415.0601.  

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Emergency clause.