By: Seliger S.B. No. 545
(Driver)
A BILL TO BE ENTITLED
AN ACT
relating to employment records for law enforcement officers,
including procedures to correct employment termination reports;
providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (d), Section 1701.452,
Occupations Code, are amended to read as follows:
(a) The head of a law enforcement agency or the head's
designee shall submit a report to the commission on a form
prescribed by the commission regarding a person licensed under this
chapter who resigns or retires from employment with the law
enforcement agency, whose appointment with the law enforcement
agency is terminated, or who separates from the law enforcement
agency for any other reason. The report must be submitted by the
head or the designee not later than the seventh business day after
the date the license holder:
(1) resigns, retires, is terminated, or separates from
the agency; and [or]
(2) exhausts all administrative appeals available to
the license holder, if applicable [if the license holder was
terminated based on an allegation of misconduct].
(d) The head of the law enforcement agency from which a
license holder resigns, retires, is terminated, or separates for
reasons other than death, or the head's designee, shall provide to
the license holder a copy of the report. The report must be
provided to the license holder not later than the seventh business
day after the date the license holder:
(1) resigns, retires, is terminated, or separates from
the agency; and [or]
(2) exhausts all administrative appeals available to
the license holder, if applicable [if the license holder was
terminated based on an allegation of misconduct].
SECTION 2. The heading to Section 1701.4525, Occupations
Code, is amended to read as follows:
Sec. 1701.4525. PETITION [REQUEST] FOR CORRECTION OF
REPORT; HEARING; ADMINISTRATIVE PENALTY[; HEARING; APPEAL].
SECTION 3. Section 1701.4525, Occupations Code, is amended
by amending Subsections (a), (d), and (e) and adding Subsection
(e-1) to read as follows:
(a) A person who is the subject of an employment termination
report maintained by the commission under this subchapter may
contest information contained in the report by submitting to the
law enforcement agency and to the commission a written petition on a
form prescribed by the commission [request] for a correction of the
report [and any evidence contesting the information contained in
the report] not later than the 30th day after the date the person
receives a copy of the report. On receipt of the petition, the
commission shall refer the petition to the State Office of
Administrative Hearings [The commission shall allow the head of the
law enforcement agency to submit to the commission any evidence
rebutting the evidence submitted by the person who is the subject of
the report].
(d) A proceeding [under Subsection (b)] to contest
information in [the commission's order or under Subsection (c) to
correct] an employment termination report is a contested case under
Chapter 2001, Government Code.
(e) In a proceeding [under Subsection (b)] to contest
information in [the commission's order or under Subsection (c) to
correct] an employment termination report for a [an order or]
report based on alleged misconduct, an administrative law judge
shall determine if the alleged misconduct occurred by a
preponderance of the evidence regardless of whether the person who
is the subject of the report was terminated or the person resigned,
retired, or separated in lieu of termination. If the alleged
misconduct is not supported by a preponderance of the evidence, the
administrative law judge shall order the report to be changed.
(e-1) The commission may assess an administrative penalty
against an agency head who fails to make a correction to an
employment termination report following an order by the State
Office of Administrative Hearings after all appeals available to
the agency head have been exhausted.
SECTION 4. Section 1701.454, Occupations Code, is amended
to read as follows:
Sec. 1701.454. CONFIDENTIALITY. (a) All information [A
report or statement] submitted to the commission under this
subchapter is confidential and is not subject to disclosure under
Chapter 552, Government Code, unless the person resigned or was
terminated due to substantiated incidents of excessive force or
violations of the law other than traffic offenses.
(b) Except as provided by this subchapter, a commission
member or other person may not release information [the contents of
a report or statement] submitted under this subchapter.
SECTION 5. Section 1701.455, Occupations Code, is amended
to read as follows:
Sec. 1701.455. SUBPOENA. Information [A report or
statement] submitted to the commission under this subchapter is
subject to subpoena only in a judicial proceeding.
SECTION 6. Subsections (b) and (c), Section 1701.4525,
Occupations Code, are repealed.
SECTION 7. (a) The changes in law made by this Act to
Section 1701.452, Occupations Code, apply only to a license holder
who resigns, retires, is terminated, or separates from a law
enforcement agency on or after the effective date of this Act. A
license holder who resigns, retires, is terminated, or separates
from a law enforcement agency before the effective date of this Act
is governed by the law in effect on the date of the resignation,
retirement, termination, or separation, and the former law is
continued in effect for that purpose.
(b) The changes in law made by this Act to Section
1701.4525, Occupations Code, apply only to a petition for a
correction of an employment termination report submitted on or
after the effective date of this Act. A request submitted before
the effective date of this Act is governed by the law in effect on
the date the request was submitted, and the former law is continued
in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2011.