86R16228 MCK-D
By: Moody, et al. H.B. No. 147
Substitute the following for H.B. No. 147:
By: Guerra C.S.H.B. No. 147
A BILL TO BE ENTITLED
AN ACT
relating to access to certain law enforcement, corrections, and
prosecutorial records under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.108, Government Code, is amended by
adding Subsections (d), (e), and (f) to read as follows:
(d) The exceptions to disclosure provided by Subsections
(a)(2) and (b)(2) do not apply to information, records, or
notations if:
(1) a person who is a subject of the information,
record, or notation, other than a peace officer, is deceased or
incapacitated; or
(2) each person who is a subject of the information,
record, or notation consents to the release of the information,
record, or notation.
(e) This section does not except from the requirements of
Section 552.021 a letter, memorandum, or document regarding a
police officer's alleged misconduct in the police officer's
personnel file under Section 143.089, Local Government Code, if:
(1) a person who is a subject of the letter,
memorandum, or document, other than the police officer, is deceased
or incapacitated; or
(2) each person who is a subject of the letter,
memorandum, or document consents to the release of the letter,
memorandum, or document.
(f) A governmental body that releases information, records,
or notations to a family member of a deceased or incapacitated
person who is a subject of the information, record, or notation is
not considered to have voluntarily made that information available
to the public for purposes of Section 552.007 and does not waive the
ability to assert in the future that the information is excepted
from required disclosure under this section or other law.
SECTION 2. 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, other than information relating to a police officer's
alleged misconduct in the police officer's personnel file, as
permitted by Section 552.108, Government Code. 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.
SECTION 3. Sections 552.108(d), (e), and (f), Government
Code, as added by this Act, and Section 143.089(g), Local
Government Code, as amended by this Act, apply to information,
records, notations, letters, memoranda, and documents collected,
made, assembled, or maintained before, on, or after the effective
date of this Act.
SECTION 4. This Act takes effect September 1, 2019.