| 1 | 1 | | 85R2267 NC-D |
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| 2 | 2 | | By: Hinojosa S.B. No. 783 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the disclosure restrictions on personnel files of |
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| 8 | 8 | | police officers of municipalities that have adopted certain civil |
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| 9 | 9 | | service laws. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 143.089(g), Local Government Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (g) A fire [or police] department may maintain a personnel |
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| 14 | 14 | | file on a fire fighter [or police officer] employed by the |
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| 15 | 15 | | department for the department's use, but the department may not |
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| 16 | 16 | | release any information contained in the department file to any |
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| 17 | 17 | | agency or person requesting information relating to a fire fighter |
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| 18 | 18 | | [or police officer]. The department shall refer to the director or |
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| 19 | 19 | | the director's designee a person or agency that requests |
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| 20 | 20 | | information that is maintained in the fire fighter's [or police |
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| 21 | 21 | | officer's] personnel file. A police department may maintain a |
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| 22 | 22 | | personnel file on a police officer employed by the department for |
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| 23 | 23 | | the department's use. The information contained in the police |
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| 24 | 24 | | department file is public information subject to disclosure under |
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| 25 | 25 | | Chapter 552, Government Code, unless the information is made |
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| 26 | 26 | | confidential under that chapter or other law. |
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| 27 | 27 | | SECTION 2. Section 143.1214, Local Government Code, is |
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| 28 | 28 | | amended by amending Subsections (b), (c), and (e) and adding |
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| 29 | 29 | | Subsection (c-1) to read as follows: |
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| 30 | 30 | | (b) The department shall maintain an investigatory file |
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| 31 | 31 | | that relates to a disciplinary action against a fire fighter or |
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| 32 | 32 | | police officer that was overturned on appeal, or any document in the |
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| 33 | 33 | | possession of the department that relates to a charge of misconduct |
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| 34 | 34 | | against a fire fighter or police officer, regardless of whether the |
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| 35 | 35 | | charge is sustained, only in a file created by the department for |
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| 36 | 36 | | the department's use. The department may only release information |
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| 37 | 37 | | in those investigatory files or documents relating to a charge of |
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| 38 | 38 | | misconduct: |
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| 39 | 39 | | (1) to another law enforcement agency or fire |
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| 40 | 40 | | department; |
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| 41 | 41 | | (2) to the office of a district or United States |
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| 42 | 42 | | attorney; or |
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| 43 | 43 | | (3) in accordance with Subsection (c) or (c-1). |
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| 44 | 44 | | (c) The department head or the department head's designee |
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| 45 | 45 | | may forward a document that relates to disciplinary action against |
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| 46 | 46 | | a fire fighter [or police officer] to the director or the director's |
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| 47 | 47 | | designee for inclusion in the fire fighter's [or police officer's] |
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| 48 | 48 | | personnel file maintained under Sections 143.089(a)-(f) only if: |
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| 49 | 49 | | (1) disciplinary action was actually taken against the |
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| 50 | 50 | | fire fighter [or police officer]; |
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| 51 | 51 | | (2) the document shows the disciplinary action taken; |
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| 52 | 52 | | and |
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| 53 | 53 | | (3) the document includes at least a brief summary of |
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| 54 | 54 | | the facts on which the disciplinary action was based. |
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| 55 | 55 | | (c-1) The department head or the department head's designee |
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| 56 | 56 | | shall forward a document that relates to disciplinary action |
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| 57 | 57 | | against a police officer to the director or the director's designee |
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| 58 | 58 | | for inclusion in the police officer's personnel file maintained |
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| 59 | 59 | | under Sections 143.089(a)-(f). |
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| 60 | 60 | | (e) The requirements of this section are in addition to the |
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| 61 | 61 | | requirements of Section 143.089. This section does not prevent a |
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| 62 | 62 | | fire fighter [or police officer] from obtaining access to any |
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| 63 | 63 | | personnel file maintained by the director or the department, other |
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| 64 | 64 | | than a file maintained by an internal affairs division or other |
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| 65 | 65 | | similar internal investigative division, on the fire fighter [or |
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| 66 | 66 | | police officer] under Section 143.089. This section does not |
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| 67 | 67 | | prevent a police officer from obtaining access to any personnel |
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| 68 | 68 | | file maintained by the director or the department. A police officer |
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| 69 | 69 | | may obtain access to information that is subject to disclosure |
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| 70 | 70 | | under Chapter 552, Government Code, contained in a file maintained |
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| 71 | 71 | | by an internal affairs division or other similar internal |
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| 72 | 72 | | investigative division under Section 143.089. |
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| 73 | 73 | | SECTION 3. Section 143.1216(d), Local Government Code, is |
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| 74 | 74 | | amended to read as follows: |
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| 75 | 75 | | (d) The department shall [may not] include a record of a |
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| 76 | 76 | | supervisory intervention procedure or a policy and procedure |
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| 77 | 77 | | inquiry regarding a police officer in the police officer's |
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| 78 | 78 | | personnel file maintained under Section 143.089 and [or] in the |
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| 79 | 79 | | department file maintained under Section 143.089(g). |
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| 80 | 80 | | SECTION 4. This Act takes effect September 1, 2017. |
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