By: Farias H.B. No. 3636
A BILL TO BE ENTITLED
AN ACT
relating to the personnel records of the employees of certain
sheriff's departments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.
Subchapter Z, Chapter 157, Local Government Code, is amended
by adding Section 157.905 to read as follows:
Sec. 157.905. PERSONNEL RECORDS OF CERTAIN SHERIFF'S
DEPARTMENTS.
(a) This section applies only to a sheriff's department in a
county with a population of more than 1.5 million in which more than
75% of the population lives in a single municipality.
(b) In this section, "department employee" means all
uniformed Deputy Sheriffs employed by the sheriff's department.
(c) In this section, "employee record" means any letter,
memorandum, or document maintained by the department that relates
to a department employee.
(d) The sheriff or the sheriff's designee shall maintain a
201 personnel file on each department employee. An employee's 201
personnel file must contain any employee record relating to:
(1) a commendation, congratulation, or honor bestowed
on the employee by a member of the public or by the department for an
action, duty, or activity that relates to the employee's official
duties;
(2) any misconduct by the employee if the employee
record is made by the department and if the misconduct resulted in
disciplinary action by the department; and
(3) the periodic evaluation of the employee by a
supervisor.
(e) An employee record relating to alleged misconduct by an
employee may not be placed in the employee's 201 personnel file if
the department determines that there is insufficient evidence to
sustain the charge of misconduct.
(f) An employee record relating to disciplinary action
taken against an employee or to alleged misconduct by the employee
that is placed in the employee's 201 personnel file shall be removed
from the file if a court or an administrative body of competent
jurisdiction, including the sheriff's department civil service
commission, or Arbitrator, determines that:
(1) the disciplinary action was taken without just
cause; or
(2) the charge of misconduct was not supported by
sufficient evidence.
(g) A department employee is entitled, on request, to a copy
of any employee record placed in the employee's 201 personnel file.
The department may charge the employee a reasonable fee not to
exceed actual cost for copies provided under this subsection.
(h) The sheriff or the sheriff's designee may not release an
employee record or other information contained in an employee's 201
personnel file without first obtaining the employee's written
permission, unless the release of the record or information is
required by law.
(i) The department may maintain a department file (field or
desk file) on a department employee for the department's use, but
the department may not release any information contained in the
department file to any agency or person requesting information
relating to a department employee.
SECTION 2. This action takes effect September 1, 2013.