| 1 | 1 | | By: Bonnen (Senate Sponsor - Huffman) H.B. No. 2006 |
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| 2 | 2 | | (In the Senate - Received from the House May 13, 2011; |
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| 3 | 3 | | May 13, 2011, read first time and referred to Committee on Criminal |
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| 4 | 4 | | Justice; May 19, 2011, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 7, Nays 0; May 19, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the release of a photograph of a police officer and |
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| 11 | 11 | | access to records maintained by internal investigative divisions in |
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| 12 | 12 | | certain municipalities. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Subchapter F, Chapter 143, Local Government |
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| 15 | 15 | | Code, is amended by adding Section 143.090 to read as follows: |
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| 16 | 16 | | Sec. 143.090. RELEASE OF PHOTOGRAPHS OF POLICE OFFICERS. A |
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| 17 | 17 | | department, commission, or municipality may not release a |
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| 18 | 18 | | photograph that depicts a police officer unless: |
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| 19 | 19 | | (1) the officer has been charged with an offense by |
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| 20 | 20 | | indictment or by information; |
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| 21 | 21 | | (2) the officer is a party in a civil service hearing |
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| 22 | 22 | | or a case before a hearing examiner or in arbitration; |
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| 23 | 23 | | (3) the photograph is introduced as evidence in a |
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| 24 | 24 | | judicial proceeding; or |
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| 25 | 25 | | (4) the officer gives written consent to the release |
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| 26 | 26 | | of the photograph. |
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| 27 | 27 | | SECTION 2. Sections 143.1214(a) and (e), Local Government |
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| 28 | 28 | | Code, are amended to read as follows: |
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| 29 | 29 | | (a) The human resources director for the department |
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| 30 | 30 | | promptly shall order that the records of a disciplinary action that |
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| 31 | 31 | | was taken against a fire fighter or police officer be expunged from |
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| 32 | 32 | | each file maintained on the fire fighter or police officer by the |
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| 33 | 33 | | department if the disciplinary action was entirely overturned on |
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| 34 | 34 | | appeal by the commission, an independent third-party hearing |
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| 35 | 35 | | examiner, or a court of competent jurisdiction. Documents that |
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| 36 | 36 | | must be expunged under this subsection include all documents that |
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| 37 | 37 | | indicate disciplinary action was recommended or taken against the |
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| 38 | 38 | | fire fighter or police officer, such as the recommendations of a |
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| 39 | 39 | | disciplinary committee or a letter of suspension. This subsection |
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| 40 | 40 | | does not apply if the fire fighter or police officer is charged with |
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| 41 | 41 | | using excessive force that results in a death or injury and the |
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| 42 | 42 | | charge is being investigated by a law enforcement or criminal |
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| 43 | 43 | | justice agency other than the department. This subsection does not |
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| 44 | 44 | | require that records of an [the] internal affairs division or other |
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| 45 | 45 | | similar internal investigative division be expunged. |
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| 46 | 46 | | (e) The requirements of this section are in addition to the |
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| 47 | 47 | | requirements of Section 143.089. This section does not prevent a |
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| 48 | 48 | | fire fighter or police officer from obtaining access to any |
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| 49 | 49 | | personnel file maintained by the director or the department, other |
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| 50 | 50 | | than a file maintained by an [the] internal affairs division or |
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| 51 | 51 | | other similar internal investigative division, on the fire fighter |
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| 52 | 52 | | or police officer under Section 143.089. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 54 | 54 | | * * * * * |
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