Texas House Bill HB30

Texas 2023 - 88th Regular

• Filed: 11/14/22
• Out of House Committee: 5/1/23
• Voted on by House: 5/5/23
• Out of Senate Committee: 5/21/23
• Voted on by Senate: 5/22/23
• Governor Action: 6/18/23

Caption

Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law.

Impact

The passage of HB 30 is expected to significantly increase transparency and accountability within law enforcement agencies in Texas. Supporters argue that the bill will empower communities by providing them easier access to records that may pertain to public safety and policing, especially following high-profile incidents that have called for greater scrutiny of law enforcement actions. The legislative discussions indicate a collective recognition of the public's right to access information that could influence trust in law enforcement agencies.

Summary

House Bill 30 aims to enhance access to law enforcement, corrections, and prosecutorial records under Texas's public information laws. It amends Section 552.108 of the Government Code by closing what proponents call the 'dead suspect's loophole.' This loophole currently allows certain records related to deceased or incapacitated individuals to remain undisclosed. By amending the law, the bill seeks to ensure that families and the public have better access to information concerning these records as long as consent from living individuals depicted in such information is obtained. The bill is set to take effect on September 1, 2023.

Sentiment

The sentiment surrounding HB 30 appears to be cautiously optimistic, albeit mixed in some quarters. Many legislators and public advocates, particularly those testifying in favor of the bill, see it as a crucial step forward in promoting transparency and protecting citizens’ rights to know. Critics, however, express concerns about potential misuse or misinterpretation of the information, suggesting that access could have adverse implications for police officers' reputations and safety. Despite these concerns, the general mood leans towards acceptance and support of the bill's intent.

Contention

Notable points of contention emerged during the discussions, primarily revolving around the potential for misinterpretation of the records released under this law. Some law enforcement representatives have voiced apprehensions that the release of sensitive information could lead to public misunderstandings and unfair narratives about police actions, complicating officers' duties and endangering their privacy. The balance between accountability through transparency and safeguarding officers’ past records from misinterpretation illustrates the ongoing challenge lawmakers face in enacting effective public information policies.

Texas Constitutional Statutes Affected

Government Code

• Chapter 552. Public Information
  • Section: 108
  • Section: 108
  • Section: 108
  • Section: 108
  • Section: 108
  • Section: New Section

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: 00755

Local Government Code

• Chapter 143. Municipal Civil Service For Firefighters And Police Officers
  • Section: 089
  • Section: 089
  • Section: 089

Code Of Criminal Procedure

• Chapter 2. General Duties Of Officers
  • Section: New Section

Occupations Code

• Chapter 1701. Law Enforcement Officers
  • Section: 651
  • Section: 661