Texas 2021 - 87th Regular

Texas Senate Bill SB974 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R9178 MCK-D
2	2	By: West S.B. No. 974
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to access to certain law enforcement, corrections, and
8	8	prosecutorial records under the public information law.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 552.108, Government Code, is amended by
11	11	amending Subsection (c) and adding Subsections (d), (e), and (f) to
12	12	read as follows:
13	13	(c) This section does not except from the requirements of
14	14	Section 552.021:
15	15	(1) information that is basic information about an
16	16	arrested person, an arrest, [or] a crime, or a criminal
17	17	investigation; and
18	18	(2) basic information contained in:
19	19	(A) a search warrant;
20	20	(B) testimony, an affidavit, or other
21	21	information used to support a finding of probable cause to execute a
22	22	search warrant;
23	23	(C) an arrest warrant, an arrest report, an
24	24	incident report, or an accident report;
25	25	(D) a mug shot;
26	26	(E) a report relating to:
27	27	(i) an officer-involved shooting; or
28	28	(ii) an incident involving the discharge of
29	29	a firearm by a peace officer, including the unintentional discharge
30	30	of a firearm in the course of duty or in response to a call,
31	31	regardless of whether:
32	32	(a) a person is hit by gunfire; or
33	33	(b) an allegation of misconduct is
34	34	made;
35	35	(F) a report relating to a peace officer's use of
36	36	force resulting in death or serious bodily injury as defined by
37	37	Section 1.07, Penal Code; or
38	38	(G) a report related to the death or serious
39	39	bodily injury of an arrestee or detainee while the person is in the
40	40	custodial care of a law enforcement agency.
41	41	(d) The exceptions to disclosure provided by Subsections
42	42	(a)(2) and (b)(2) do not apply to information, records, or
43	43	notations if:
44	44	(1) a person who is a subject of the information,
45	45	record, or notation, other than a peace officer, is deceased or
46	46	incapacitated; or
47	47	(2) each person who is a subject of the information,
48	48	record, or notation consents to the release of the information,
49	49	record, or notation.
50	50	(e) This section does not except from the requirements of
51	51	Section 552.021 a letter, memorandum, or document regarding a peace
52	52	officer's alleged misconduct in the peace officer's personnel file
53	53	under Section 143.089, Local Government Code, if:
54	54	(1) a person who is a subject of the letter,
55	55	memorandum, or document, other than the peace officer, is deceased
56	56	or incapacitated; or
57	57	(2) each person who is a subject of the letter,
58	58	memorandum, or document consents to the release of the letter,
59	59	memorandum, or document.
60	60	(f) A governmental body that releases information, records,
61	61	or notations to a family member of a deceased or incapacitated
62	62	person who is a subject of the information, record, or notation is
63	63	not considered to have voluntarily made that information available
64	64	to the public for purposes of Section 552.007 and does not waive the
65	65	ability to assert in the future that the information is excepted
66	66	from required disclosure under this section or other law.
67	67	SECTION 2. Section 143.089, Local Government Code, is
68	68	amended by amending Subsection (g) and adding Subsection (h) to
69	69	read as follows:
70	70	(g) A fire or police department may maintain a personnel
71	71	file on a fire fighter or police officer employed by the department
72	72	to store sensitive personal information, including the
73	73	individual's home address, home telephone number, personal
74	74	cellular telephone number, emergency contact information, social
75	75	security number, personal financial information, information that
76	76	reveals whether the person has family members, and any other
77	77	personal information the disclosure of which would constitute a
78	78	clearly unwarranted invasion of personal privacy. The [for the
79	79	department's use, but the] department may not release any
80	80	information contained in the department file to any agency or
81	81	person requesting information relating to a fire fighter or police
82	82	officer, other than information in a police officer's personnel
83	83	file relating to a police officer's alleged misconduct, as
84	84	permitted by Section 552.108, Government Code. The department
85	85	shall refer to the director or the director's designee a person or
86	86	agency that requests information that is maintained in the fire
87	87	fighter's or police officer's personnel file.
88	88	(h) Notwithstanding any other law, a fire or police
89	89	department shall disclose law enforcement disciplinary record
90	90	information reasonably necessary to identify an allegation against
91	91	a fire fighter or police officer that resulted in a sustained
92	92	finding of misconduct, including:
93	93	(1) any record created in furtherance of a law
94	94	enforcement disciplinary proceeding;
95	95	(2) each complaint, allegation, and charge against the
96	96	employee;
97	97	(3) the name of the employee complained of or charged;
98	98	(4) the transcript of any disciplinary trial or
99	99	hearing, including any exhibit introduced at the trial or hearing;
100	100	(5) the disposition of any disciplinary proceeding;
101	101	and
102	102	(6) the final written opinion or memorandum supporting
103	103	the disposition and discipline imposed, including the agency's:
104	104	(A) complete factual findings; and
105	105	(B) analysis of the conduct and appropriate
106	106	discipline of the covered employee.
107	107	SECTION 3. The changes in law made by this Act apply to
108	108	information produced or maintained before, on, or after the
109	109	effective date of this Act.
110	110	SECTION 4. This Act takes effect September 1, 2021.