Texas 2017 - 85th Regular

Texas House Bill HB2991

Filed
 
Out of House Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the confidentiality of files related to complaints to and investigations by the Texas Commission on Law Enforcement.

Impact

The bill's influence will extend to statutes governing the Texas Commission on Law Enforcement, particularly in how complaints against licensed individuals are managed. It establishes clearer boundaries on what information can be shared, aiming to protect the identities of complainants and witnesses while still allowing for transparency in the outcome of disciplinary actions against license holders. The intent is to strike a balance between necessary confidentiality and public interest in oversight actions taken against law enforcement professionals.

Summary

House Bill 2991 aims to enhance the confidentiality of files pertaining to complaints and investigations conducted by the Texas Commission on Law Enforcement. This legislation amends the Occupations Code to explicitly state that certain materials compiled during these processes will be protected from public disclosure. Among the types of information that remain confidential are the contents of investigation files, which can only be disclosed under specified circumstances, such as to the respondent of the complaint or during legal proceedings concerning disciplinary actions.

Sentiment

The sentiment surrounding HB 2991 has generally been supportive among its proponents who argue that it is necessary to maintain the integrity of investigations and protect sensitive information. Supporters believe this is vital for encouraging individuals to come forward with complaints without the fear of repercussion. However, there are concerns among some transparency advocates who worry that increased confidentiality could lead to decreased public accountability in law enforcement, fostering an environment where misconduct might be more easily concealed.

Contention

Notable points of contention include the extent of the confidentiality measures and the potential for misuse of nondisclosure. Opponents of the bill express fears that while the intention is to protect individuals involved in complaints and investigations, it may inadvertently create barriers to accessing vital information about law enforcement practices. The debate highlights the tension between safeguarding the process of investigation and maintaining public access to information that holds law enforcement accountable.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1445

Relating to the continuation and functions of the Texas Commission on Law Enforcement; authorizing a fee.

TX HB1530

Relating to the continuation and functions of the Texas Commission on Law Enforcement.

TX HB4966

Relating to law enforcement agency personnel records and the reporting of separations of license holders to the Texas Commission on Law Enforcement.

TX HB2462

Relating to disclosure of certain complaint and investigation information by the Texas State Board of Pharmacy to the United States Food and Drug Administration.

TX SB521

Relating to an employment termination report and other records submitted to the Texas Commission on Law Enforcement by a law enforcement agency.

TX SB219

Relating to the powers and duties of the Texas Commission on Law Enforcement and law enforcement agencies regarding law enforcement officers and the use of body worn cameras; authorizing fees.

TX SB320

Relating to complaints filed with the Texas Ethics Commission.

TX SB1931

Relating to a complaint filed with and sanctions issued by the State Commission on Judicial Conduct.

TX SB471

Relating to the investigation by the Texas Commission on Environmental Quality of certain complaints.

TX HB3145

Relating to a complaint filed with the State Commission on Judicial Conduct.

Similar Bills

CA AB1911

Residential care facilities: complaints.

CA SB329

Alcohol and drug recovery or treatment facilities: investigations.

CA AB1879

California regional water quality control boards: unfounded or frivolous complaints.

TX HB3145

Relating to a complaint filed with the State Commission on Judicial Conduct.

CA AB2923

Peace officers: public complaints.

AZ HB2176

Training; investigations; complaints; health facilities

TX HB1470

Relating to the creation of the Texas State Civilian Complaint Review Board to investigate certain allegations of peace officer misconduct.

CA AB1888

Department of Justice: Labor Trafficking Unit.