| 1 | 1 | | 85R3064 SRS-D |
|---|
| 2 | 2 | | By: Miles S.B. No. 483 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the retention of and the required disclosure under the |
|---|
| 8 | 8 | | public information law of certain complaints alleging official |
|---|
| 9 | 9 | | oppression. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter J, Chapter 143, Local Government |
|---|
| 12 | 12 | | Code, is amended by adding Section 143.364 to read as follows: |
|---|
| 13 | 13 | | Sec. 143.364. RETENTION OF COMPLAINT AGAINST POLICE |
|---|
| 14 | 14 | | OFFICER. (a) A complaint filed against a police officer alleging |
|---|
| 15 | 15 | | conduct by the police officer constituting official oppression |
|---|
| 16 | 16 | | under Section 39.03, Penal Code, must be retained by the employing |
|---|
| 17 | 17 | | department of the municipality for at least five years after the |
|---|
| 18 | 18 | | police officer's employment with the municipality ends. An abstract |
|---|
| 19 | 19 | | of the complaint must be created and retained indefinitely once the |
|---|
| 20 | 20 | | original complaint is destroyed. |
|---|
| 21 | 21 | | (b) The complaint is not excepted from disclosure under a |
|---|
| 22 | 22 | | discretionary exception provided by Chapter 552, Government Code. |
|---|
| 23 | 23 | | (c) This section prevails over: |
|---|
| 24 | 24 | | (1) any other provision of law; and |
|---|
| 25 | 25 | | (2) any conflicting provision in an agreement entered |
|---|
| 26 | 26 | | into under this subchapter. |
|---|
| 27 | 27 | | (d) This section does not prohibit the employing department |
|---|
| 28 | 28 | | of the municipality from withholding information contained in the |
|---|
| 29 | 29 | | complaint that is confidential under Section 552.117 or 552.1175, |
|---|
| 30 | 30 | | Government Code. |
|---|
| 31 | 31 | | (e) This section does not prohibit a person from asserting a |
|---|
| 32 | 32 | | privacy interest in withholding the complaint. |
|---|
| 33 | 33 | | SECTION 2. Subchapter A, Chapter 174, Local Government |
|---|
| 34 | 34 | | Code, is amended by adding Section 174.009 to read as follows: |
|---|
| 35 | 35 | | Sec. 174.009. RETENTION OF COMPLAINT AGAINST POLICE OFFICER |
|---|
| 36 | 36 | | BY CERTAIN MUNICIPALITIES. (a) A complaint filed against a police |
|---|
| 37 | 37 | | officer alleging conduct by the police officer constituting |
|---|
| 38 | 38 | | official oppression under Section 39.03, Penal Code, must be |
|---|
| 39 | 39 | | retained by the employing department of the political subdivision |
|---|
| 40 | 40 | | for at least five years after the police officer's employment with |
|---|
| 41 | 41 | | the political subdivision ends. An abstract of the complaint must |
|---|
| 42 | 42 | | be created and retained indefinitely once the original complaint is |
|---|
| 43 | 43 | | destroyed. |
|---|
| 44 | 44 | | (b) The complaint is public information and may not be |
|---|
| 45 | 45 | | excepted from disclosure under Section 552.108, Government Code. |
|---|
| 46 | 46 | | (c) This section prevails over: |
|---|
| 47 | 47 | | (1) any other provision of law; and |
|---|
| 48 | 48 | | (2) any conflicting provision in a collective |
|---|
| 49 | 49 | | bargaining agreement entered into under this chapter. |
|---|
| 50 | 50 | | SECTION 3. Section 552.108(c), Government Code, is amended |
|---|
| 51 | 51 | | to read as follows: |
|---|
| 52 | 52 | | (c) This section does not: |
|---|
| 53 | 53 | | (1) except from the requirements of Section 552.021 |
|---|
| 54 | 54 | | information that is basic information about an arrested person, an |
|---|
| 55 | 55 | | arrest, or a crime; or |
|---|
| 56 | 56 | | (2) apply to a complaint described by Section 143.364 |
|---|
| 57 | 57 | | or 174.009, Local Government Code, or Section 614.024 of this code |
|---|
| 58 | 58 | | that is used by a law enforcement agency or prosecutor in the |
|---|
| 59 | 59 | | detection, investigation, or prosecution of a crime. |
|---|
| 60 | 60 | | SECTION 4. Subchapter B, Chapter 614, Government Code, is |
|---|
| 61 | 61 | | amended by adding Section 614.024 to read as follows: |
|---|
| 62 | 62 | | Sec. 614.024. RETENTION OF COMPLAINT AGAINST PEACE OFFICER |
|---|
| 63 | 63 | | BY CERTAIN MUNICIPALITIES. (a) If a complaint alleges conduct by a |
|---|
| 64 | 64 | | peace officer employed by a municipality constituting official |
|---|
| 65 | 65 | | oppression under Section 39.03, Penal Code, the complaint must be |
|---|
| 66 | 66 | | retained on file by the municipality for at least five years after |
|---|
| 67 | 67 | | the peace officer's employment with the municipality ends. An |
|---|
| 68 | 68 | | abstract of the complaint must be created and retained indefinitely |
|---|
| 69 | 69 | | once the original complaint is destroyed. |
|---|
| 70 | 70 | | (b) The complaint is not excepted from public disclosure |
|---|
| 71 | 71 | | under a discretionary exception provided by Chapter 552. |
|---|
| 72 | 72 | | SECTION 5. Sections 143.364(c) and 174.009(c), Local |
|---|
| 73 | 73 | | Government Code, as added by this Act, apply only to a contract |
|---|
| 74 | 74 | | executed on or after the effective date of this Act. A contract |
|---|
| 75 | 75 | | executed before the effective date of this Act is governed by the |
|---|
| 76 | 76 | | law as it existed on the date the contract was executed, and the |
|---|
| 77 | 77 | | former law is continued in effect for that purpose. |
|---|
| 78 | 78 | | SECTION 6. This Act takes effect immediately if it receives |
|---|
| 79 | 79 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 80 | 80 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 81 | 81 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 82 | 82 | | Act takes effect September 1, 2017. |
|---|