88R20196 MCK-F
By: Moody, Burrows, et al. H.B. No. 30
Substitute the following for H.B. No. 30:
By: Turner C.S.H.B. No. 30
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 described by or depicted in the
information, record, or notation, other than a peace officer, is
deceased or incapacitated; or
(2) each person who is described by or depicted in 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 described by or depicted in the
letter, memorandum, or document, other than the police officer, is
deceased or incapacitated; or
(2) each person who is described by or depicted in 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 described by or depicted in 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. Except as provided by Subsection (h), 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, 2023.