83R783 RWG-D
By: Miles H.B. No. 268
A BILL TO BE ENTITLED
AN ACT
relating to the retention of and the required disclosure under the
public information law of certain complaints alleging official
oppression.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 143, Local Government
Code, is amended by adding Section 143.017 to read as follows:
Sec. 143.017. RETENTION OF COMPLAINT ALLEGING OFFICIAL
OPPRESSION. (a) A complaint filed against a fire fighter or
police officer alleging conduct by the fire fighter or police
officer constituting official oppression under Section 39.03,
Penal Code, must be retained by the employing department of the
municipality as long as the fire fighter or police officer remains
employed by the municipality.
(b) The complaint is public information and may not be
excepted from disclosure under Section 552.108, Government Code.
(c) This section prevails over:
(1) any other provision of law; and
(2) any conflicting provision in a collective
bargaining agreement entered into under this chapter.
SECTION 2. Subchapter A, Chapter 174, Local Government
Code, is amended by adding Section 174.009 to read as follows:
Sec. 174.009. RETENTION OF COMPLAINT ALLEGING OFFICIAL
OPPRESSION. (a) A complaint filed against a fire fighter or
police officer alleging conduct by the fire fighter or police
officer constituting official oppression under Section 39.03,
Penal Code, must be retained by the employing department of the
political subdivision as long as the fire fighter or police officer
remains employed by the political subdivision.
(b) The complaint is public information and may not be
excepted from disclosure under Section 552.108, Government Code.
(c) This section prevails over:
(1) any other provision of law; and
(2) any conflicting provision in a collective
bargaining agreement entered into under this chapter.
SECTION 3. Section 552.108(c), Government Code, is amended
to read as follows:
(c) This section does not:
(1) except from the requirements of Section 552.021
information that is basic information about an arrested person, an
arrest, or a crime; or
(2) apply to a complaint described by Section 143.017
or 174.009, Local Government Code, or by Section 614.024 of this
code that is used by a law enforcement agency or prosecutor in the
detection, investigation, or prosecution of a crime.
SECTION 4. Subchapter B, Chapter 614, Government Code, is
amended by adding Section 614.024 to read as follows:
Sec. 614.024. RETENTION OF COMPLAINT ALLEGING OFFICIAL
OPPRESSION. (a) If a complaint alleges conduct by a law
enforcement officer of this state or by a fire fighter, detention
officer, county jailer, or peace officer appointed or employed by a
political subdivision of this state constituting official
oppression under Section 39.03, Penal Code, the complaint must be
retained on file by the employing state agency or employing or
appointing department of the political subdivision as long as the
person remains employed by the state or employed or appointed by the
political subdivision.
(b) The complaint is public information and may not be
excepted from disclosure under Section 552.108.
SECTION 5. Sections 143.017 and 174.009, Local Government
Code, as added by this Act, apply only to a collective bargaining
agreement executed on or after the effective date of this Act. A
collective bargaining agreement executed before the effective date
of this Act is governed by the law as it existed on the date the
agreement was executed, and the former law is continued in effect
for that purpose.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.