| 1 | 1 | | 88R899 BEF-D |
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| 2 | 2 | | By: Miles S.B. No. 185 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the retention and required disclosure under the public |
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| 8 | 8 | | information law of certain complaints alleging official |
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| 9 | 9 | | oppression. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter J, Chapter 143, Local Government |
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| 12 | 12 | | Code, is amended by adding Section 143.364 to read as follows: |
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| 13 | 13 | | Sec. 143.364. RETENTION OF COMPLAINT AGAINST POLICE |
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| 14 | 14 | | OFFICER. (a) A municipal department employing a police officer |
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| 15 | 15 | | against whom is filed a complaint alleging conduct constituting |
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| 16 | 16 | | official oppression under Section 39.03, Penal Code, shall: |
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| 17 | 17 | | (1) retain the complaint until at least the fifth |
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| 18 | 18 | | anniversary of the date the police officer's employment with the |
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| 19 | 19 | | municipality ends; and |
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| 20 | 20 | | (2) create an abstract of the complaint to retain |
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| 21 | 21 | | indefinitely once the original complaint is destroyed. |
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| 22 | 22 | | (b) A discretionary exception to required disclosure |
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| 23 | 23 | | provided by Chapter 552, Government Code, does not apply to a |
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| 24 | 24 | | complaint or abstract described by Subsection (a). |
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| 25 | 25 | | (c) This section prevails over: |
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| 26 | 26 | | (1) any other provision of law; and |
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| 27 | 27 | | (2) any conflicting provision in an agreement entered |
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| 28 | 28 | | into under this subchapter. |
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| 29 | 29 | | (d) This section does not prohibit the employing municipal |
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| 30 | 30 | | department from withholding information contained in a complaint or |
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| 31 | 31 | | abstract that is confidential under Section 552.117 or 552.1175, |
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| 32 | 32 | | Government Code. |
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| 33 | 33 | | (e) This section does not prohibit a person from asserting a |
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| 34 | 34 | | privacy interest in withholding a complaint or abstract. |
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| 35 | 35 | | SECTION 2. Subchapter A, Chapter 174, Local Government |
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| 36 | 36 | | Code, is amended by adding Section 174.009 to read as follows: |
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| 37 | 37 | | Sec. 174.009. RETENTION OF COMPLAINT AGAINST POLICE |
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| 38 | 38 | | OFFICER. (a) A department of a political subdivision employing a |
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| 39 | 39 | | police officer against whom is filed a complaint alleging conduct |
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| 40 | 40 | | constituting official oppression under Section 39.03, Penal Code, |
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| 41 | 41 | | shall: |
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| 42 | 42 | | (1) retain the complaint until at least the fifth |
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| 43 | 43 | | anniversary of the date the police officer's employment with the |
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| 44 | 44 | | political subdivision ends; and |
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| 45 | 45 | | (2) create an abstract of the complaint to retain |
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| 46 | 46 | | indefinitely once the original complaint is destroyed. |
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| 47 | 47 | | (b) A complaint or abstract described by Subsection (a) is |
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| 48 | 48 | | public information and is not excepted from required disclosure by |
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| 49 | 49 | | Section 552.108, Government Code. |
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| 50 | 50 | | (c) This section prevails over: |
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| 51 | 51 | | (1) any other provision of law; and |
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| 52 | 52 | | (2) any conflicting provision in a collective |
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| 53 | 53 | | bargaining agreement entered into under this chapter. |
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| 54 | 54 | | SECTION 3. Section 552.108(c), Government Code, is amended |
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| 55 | 55 | | to read as follows: |
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| 56 | 56 | | (c) This section does not: |
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| 57 | 57 | | (1) except from the requirements of Section 552.021 |
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| 58 | 58 | | information that is basic information about an arrested person, an |
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| 59 | 59 | | arrest, or a crime; or |
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| 60 | 60 | | (2) apply to a complaint or abstract described by |
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| 61 | 61 | | Section 143.364 or 174.009, Local Government Code, or Section |
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| 62 | 62 | | 614.024 of this code that a law enforcement agency or prosecutor |
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| 63 | 63 | | uses in the detection, investigation, or prosecution of a crime. |
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| 64 | 64 | | SECTION 4. Subchapter B, Chapter 614, Government Code, is |
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| 65 | 65 | | amended by adding Section 614.024 to read as follows: |
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| 66 | 66 | | Sec. 614.024. RETENTION BY MUNICIPALITIES OF COMPLAINT |
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| 67 | 67 | | AGAINST PEACE OFFICER. (a) If a municipality receives a complaint |
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| 68 | 68 | | against a peace officer employed by the municipality alleging |
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| 69 | 69 | | conduct constituting official oppression under Section 39.03, |
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| 70 | 70 | | Penal Code, the municipality shall: |
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| 71 | 71 | | (1) retain the complaint until at least the fifth |
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| 72 | 72 | | anniversary of the date the peace officer's employment with the |
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| 73 | 73 | | municipality ends; and |
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| 74 | 74 | | (2) create an abstract of the complaint to retain |
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| 75 | 75 | | indefinitely once the original complaint is destroyed. |
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| 76 | 76 | | (b) A discretionary exception to required disclosure |
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| 77 | 77 | | provided by Chapter 552 does not apply to a complaint or abstract |
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| 78 | 78 | | described by Subsection (a). |
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| 79 | 79 | | SECTION 5. Sections 143.364(c) and 174.009(c), Local |
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| 80 | 80 | | Government Code, as added by this Act, apply only to a contract |
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| 81 | 81 | | executed on or after the effective date of this Act. A contract |
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| 82 | 82 | | executed before the effective date of this Act is governed by the |
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| 83 | 83 | | law as it existed on the date the contract was executed, and the |
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| 84 | 84 | | former law is continued in effect for that purpose. |
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| 85 | 85 | | SECTION 6. This Act takes effect immediately if it receives |
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| 86 | 86 | | a vote of two-thirds of all the members elected to each house, as |
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| 87 | 87 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 88 | 88 | | Act does not receive the vote necessary for immediate effect, this |
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| 89 | 89 | | Act takes effect September 1, 2023. |
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