| 1 | 1 | | 81R22597 JSC-D |
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| 2 | 2 | | By: Zerwas H.B. No. 640 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to personnel records of a deputy sheriff in certain |
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| 8 | 8 | | counties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 157, Local Government |
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| 11 | 11 | | Code, is amended by adding Section 157.905 to read as follows: |
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| 12 | 12 | | Sec. 157.905. PERSONNEL RECORDS OF DEPUTY SHERIFF IN |
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| 13 | 13 | | CERTAIN COUNTIES. (a) This section applies only to a sheriff's |
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| 14 | 14 | | department in a county with a population of 300,000 or more. |
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| 15 | 15 | | (b) In this section, "personnel record" includes any |
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| 16 | 16 | | letter, memorandum, or document maintained by the sheriff's |
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| 17 | 17 | | department that relates to a deputy sheriff, including background |
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| 18 | 18 | | investigations, employment applications, employment contracts, |
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| 19 | 19 | | service and training records, requests for off-duty employment, |
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| 20 | 20 | | birth records, reference letters, letters of recommendation, |
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| 21 | 21 | | performance evaluations and counseling records, results of |
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| 22 | 22 | | physical tests, polygraph questionnaires and results, proficiency |
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| 23 | 23 | | tests, the results of health examinations and other medical |
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| 24 | 24 | | records, workers' compensation files, the results of psychological |
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| 25 | 25 | | examinations, leave requests, requests for transfers of shift or |
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| 26 | 26 | | duty assignments, commendations, promotional processes, demotions, |
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| 27 | 27 | | complaints and complaint investigations, employment-related |
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| 28 | 28 | | grievances, and school transcripts. |
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| 29 | 29 | | (c) The personnel records of a sheriff's deputy appointed |
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| 30 | 30 | | under Section 85.003 may not be disclosed or otherwise made |
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| 31 | 31 | | available to the public, except the sheriff's department shall |
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| 32 | 32 | | release, in accordance with Chapter 552, Government Code: |
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| 33 | 33 | | (1) any letter, memorandum, or document relating to: |
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| 34 | 34 | | (A) a commendation, congratulation, or honor |
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| 35 | 35 | | bestowed on the deputy for an action, duty, or activity that relates |
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| 36 | 36 | | to the deputy's official duties; and |
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| 37 | 37 | | (B) misconduct by the deputy, if the letter, |
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| 38 | 38 | | memorandum, or document resulted in disciplinary action; |
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| 39 | 39 | | (2) the application for employment submitted by the |
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| 40 | 40 | | deputy, but not including any attachments to the application; |
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| 41 | 41 | | (3) any reference letter submitted by the deputy; |
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| 42 | 42 | | (4) any letter of recommendation for the deputy; |
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| 43 | 43 | | (5) any employment contract with the deputy; |
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| 44 | 44 | | (6) any periodic evaluation of the deputy by a |
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| 45 | 45 | | supervisor; |
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| 46 | 46 | | (7) any document recording a promotion or demotion of |
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| 47 | 47 | | the deputy; |
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| 48 | 48 | | (8) any request for leave by the deputy; |
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| 49 | 49 | | (9) any request by the deputy for transfers of shift or |
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| 50 | 50 | | duty assignments; |
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| 51 | 51 | | (10) any documents presented and considered at a |
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| 52 | 52 | | public hearing under Chapter 158; |
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| 53 | 53 | | (11) the deputy's: |
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| 54 | 54 | | (A) name; |
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| 55 | 55 | | (B) age; |
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| 56 | 56 | | (C) dates of employment; |
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| 57 | 57 | | (D) positions held; and |
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| 58 | 58 | | (E) gross salary; and |
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| 59 | 59 | | (12) information about the location of the deputy's |
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| 60 | 60 | | department duty assignments. |
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| 61 | 61 | | (d) The sheriff's department may release any personnel |
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| 62 | 62 | | record of a deputy appointed under Section 85.003: |
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| 63 | 63 | | (1) pursuant to a subpoena or court order, including a |
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| 64 | 64 | | discovery order; |
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| 65 | 65 | | (2) for use by the sheriff's department in an |
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| 66 | 66 | | administrative hearing; or |
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| 67 | 67 | | (3) with the written authorization of the deputy who |
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| 68 | 68 | | is the subject of the record. |
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| 69 | 69 | | (e) A release of information under Subsection (d) does not |
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| 70 | 70 | | waive the right to assert in the future that the information is |
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| 71 | 71 | | excepted from required disclosure under this section or other law. |
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| 72 | 72 | | SECTION 2. This Act takes effect immediately if it receives |
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| 73 | 73 | | a vote of two-thirds of all the members elected to each house, as |
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| 74 | 74 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 75 | 75 | | Act does not receive the vote necessary for immediate effect, this |
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| 76 | 76 | | Act takes effect September 1, 2009. |
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