85R2267 NC-D
By: Hinojosa S.B. No. 783
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure restrictions on personnel files of
police officers of municipalities that have adopted certain civil
service laws.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 143.089(g), Local Government Code, is
amended to read as follows:
(g) A fire [or police] department may maintain a personnel
file on a fire fighter [or police officer] employed by the
department 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 fire fighter
[or police officer]. The department shall refer to the director or
the director's designee a person or agency that requests
information that is maintained in the fire fighter's [or police
officer's] personnel file. A police department may maintain a
personnel file on a police officer employed by the department for
the department's use. The information contained in the police
department file is public information subject to disclosure under
Chapter 552, Government Code, unless the information is made
confidential under that chapter or other law.
SECTION 2. Section 143.1214, Local Government Code, is
amended by amending Subsections (b), (c), and (e) and adding
Subsection (c-1) to read as follows:
(b) The department shall maintain an investigatory file
that relates to a disciplinary action against a fire fighter or
police officer that was overturned on appeal, or any document in the
possession of the department that relates to a charge of misconduct
against a fire fighter or police officer, regardless of whether the
charge is sustained, only in a file created by the department for
the department's use. The department may only release information
in those investigatory files or documents relating to a charge of
misconduct:
(1) to another law enforcement agency or fire
department;
(2) to the office of a district or United States
attorney; or
(3) in accordance with Subsection (c) or (c-1).
(c) The department head or the department head's designee
may forward a document that relates to disciplinary action against
a fire fighter [or police officer] to the director or the director's
designee for inclusion in the fire fighter's [or police officer's]
personnel file maintained under Sections 143.089(a)-(f) only if:
(1) disciplinary action was actually taken against the
fire fighter [or police officer];
(2) the document shows the disciplinary action taken;
and
(3) the document includes at least a brief summary of
the facts on which the disciplinary action was based.
(c-1) The department head or the department head's designee
shall forward a document that relates to disciplinary action
against a police officer to the director or the director's designee
for inclusion in the police officer's personnel file maintained
under Sections 143.089(a)-(f).
(e) The requirements of this section are in addition to the
requirements of Section 143.089. This section does not prevent a
fire fighter [or police officer] from obtaining access to any
personnel file maintained by the director or the department, other
than a file maintained by an internal affairs division or other
similar internal investigative division, on the fire fighter [or
police officer] under Section 143.089. This section does not
prevent a police officer from obtaining access to any personnel
file maintained by the director or the department. A police officer
may obtain access to information that is subject to disclosure
under Chapter 552, Government Code, contained in a file maintained
by an internal affairs division or other similar internal
investigative division under Section 143.089.
SECTION 3. Section 143.1216(d), Local Government Code, is
amended to read as follows:
(d) The department shall [may not] include a record of a
supervisory intervention procedure or a policy and procedure
inquiry regarding a police officer in the police officer's
personnel file maintained under Section 143.089 and [or] in the
department file maintained under Section 143.089(g).
SECTION 4. This Act takes effect September 1, 2017.