| 13 | | - | adding Subsections (d), (e), and (f) to read as follows: |
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| 14 | | - | (d) The exceptions to disclosure provided by Subsections |
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| 15 | | - | (a)(2) and (b)(2) do not apply to information, records, or |
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| 16 | | - | notations if: |
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| 17 | | - | (1) a person who is a subject of the information, |
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| 18 | | - | record, or notation, other than a peace officer, is deceased or |
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| 19 | | - | incapacitated; or |
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| 20 | | - | (2) each person who is a subject of the information, |
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| 21 | | - | record, or notation consents to the release of the information, |
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| 22 | | - | record, or notation. |
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| 23 | | - | (e) This section does not except from the requirements of |
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| 24 | | - | Section 552.021 a letter, memorandum, or document regarding a |
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| 25 | | - | police officer's alleged misconduct in the police officer's |
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| 26 | | - | personnel file under Section 143.089, Local Government Code, if: |
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| 27 | | - | (1) a person who is a subject of the letter, |
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| 28 | | - | memorandum, or document, other than the police officer, is deceased |
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| 29 | | - | or incapacitated; or |
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| 30 | | - | (2) each person who is a subject of the letter, |
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| 31 | | - | memorandum, or document consents to the release of the letter, |
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| 32 | | - | memorandum, or document. |
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| 33 | | - | (f) A governmental body that releases information, records, |
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| 34 | | - | or notations to a family member of a deceased or incapacitated |
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| 35 | | - | person who is a subject of the information, record, or notation is |
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| 36 | | - | not considered to have voluntarily made that information available |
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| 37 | | - | to the public for purposes of Section 552.007 and does not waive the |
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| 38 | | - | ability to assert in the future that the information is excepted |
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| 39 | | - | from required disclosure under this section or other law. |
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| 40 | | - | SECTION 2. Section 143.089(g), Local Government Code, is |
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| 41 | | - | amended to read as follows: |
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| 42 | | - | (g) A fire or police department may maintain a personnel |
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| 43 | | - | file on a fire fighter or police officer employed by the department |
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| 44 | | - | for the department's use, but the department may not release any |
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| 45 | | - | information contained in the department file to any agency or |
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| 46 | | - | person requesting information relating to a fire fighter or police |
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| 47 | | - | officer, other than information relating to a police officer's |
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| 48 | | - | alleged misconduct in the police officer's personnel file, as |
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| 49 | | - | permitted by Section 552.108, Government Code. The department |
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| 50 | | - | shall refer to the director or the director's designee a person or |
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| 51 | | - | agency that requests information that is maintained in the fire |
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| 52 | | - | fighter's or police officer's personnel file. |
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| 53 | | - | SECTION 3. Sections 552.108(d), (e), and (f), Government |
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| 54 | | - | Code, as added by this Act, and Section 143.089(g), Local |
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| 55 | | - | Government Code, as amended by this Act, apply to information, |
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| 56 | | - | records, notations, letters, memoranda, and documents collected, |
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| 57 | | - | made, assembled, or maintained before, on, or after the effective |
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| 11 | + | adding Subsection (d) to read as follows: |
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| 12 | + | (d) Information described by Subsection (a)(2) or an |
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| 13 | + | internal record or notation described by Subsection (b)(2) is not |
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| 14 | + | excepted from the requirements of Section 552.021 if: |
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| 15 | + | (1) each person who is the subject of the information, |
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| 16 | + | record, or notation: |
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| 17 | + | (A) is deceased; or |
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| 18 | + | (B) consents to the release of the information, |
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| 19 | + | record, or notation; or |
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| 20 | + | (2) the information, record, or notation relates to a |
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| 21 | + | peace officer who is the subject of a criminal or internal |
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| 22 | + | investigation arising out of the peace officer's involvement in the |
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| 23 | + | detection, investigation, or prosecution of a crime. |
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| 24 | + | SECTION 2. Section 552.108(d), Government Code, as added by |
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| 25 | + | this Act, applies to information, records, and notations collected, |
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| 26 | + | made, assembled, or maintained on, before, or after the effective |
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