87R9959 BEF-D
By: Thierry H.B. No. 2474
A BILL TO BE ENTITLED
AN ACT
relating to the retention of and the required disclosure under the
public information law of certain complaints alleging official
oppression.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter J, Chapter 143, Local Government
Code, is amended by adding Section 143.364 to read as follows:
Sec. 143.364. RETENTION OF COMPLAINT AGAINST POLICE
OFFICER. (a) This section applies only to a municipality with a
population of more than two million.
(b) A complaint filed against a police officer alleging
conduct by the police officer constituting official oppression
under Section 39.03, Penal Code, must be retained by the employing
department of the municipality for at least five years after the
police officer's employment with the municipality ends. An abstract
of the complaint must be created and retained indefinitely once the
original complaint is destroyed.
(c) The complaint is not excepted from disclosure under a
discretionary exception provided by Chapter 552, Government Code.
(d) This section prevails over:
(1) any other provision of law; and
(2) any conflicting provision in an agreement entered
into under this subchapter.
(e) This section does not prohibit the employing department
of the municipality from withholding information contained in the
complaint that is confidential under Section 552.117 or 552.1175,
Government Code.
(f) This section does not prohibit a person from asserting a
privacy interest in withholding the complaint.
SECTION 2. Subchapter A, Chapter 174, Local Government
Code, is amended by adding Section 174.009 to read as follows:
Sec. 174.009. RETENTION OF COMPLAINT AGAINST POLICE OFFICER
BY CERTAIN MUNICIPALITIES. (a) This section applies only to a
municipality with a population of more than two million.
(b) A complaint filed against a police officer alleging
conduct by the police officer constituting official oppression
under Section 39.03, Penal Code, must be retained by the employing
department of the municipality for at least five years after the
police officer's employment with the municipality ends. An abstract
of the complaint must be created and retained indefinitely once the
original complaint is destroyed.
(c) The complaint is public information and may not be
excepted from disclosure under Section 552.108, Government Code.
(d) This section prevails over:
(1) any other provision of law; and
(2) any conflicting provision in a collective
bargaining agreement entered into under this chapter.
SECTION 3. Section 552.108(c), Government Code, is amended
to read as follows:
(c) This section does not:
(1) except from the requirements of Section 552.021
information that is basic information about an arrested person, an
arrest, or a crime; or
(2) apply to a complaint to which Section 143.364 or
174.009, Local Government Code, or Section 614.024 of this code
applies that is used by a law enforcement agency or prosecutor in
the detection, investigation, or prosecution of a crime.
SECTION 4. Subchapter B, Chapter 614, Government Code, is
amended by adding Section 614.024 to read as follows:
Sec. 614.024. RETENTION OF COMPLAINT AGAINST PEACE OFFICER
BY CERTAIN MUNICIPALITIES. (a) This section applies only to a
municipality with a population of more than two million.
(b) If a complaint alleges conduct by a peace officer
employed by a municipality constituting official oppression under
Section 39.03, Penal Code, the complaint must be retained on file by
the municipality for at least five years after the peace officer's
employment with the municipality ends. An abstract of the complaint
must be created and retained indefinitely once the original
complaint is destroyed.
(c) The complaint is not excepted from public disclosure
under a discretionary exception provided by Chapter 552.
SECTION 5. Sections 143.364(d) and 174.009(d), Local
Government Code, as added by this Act, apply only to a contract
executed on or after the effective date of this Act. A contract
executed before the effective date of this Act is governed by the
law as it existed on the date the contract was executed, and the
former law is continued in effect for that purpose.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.