By: Hancock S.B. No. 2209
(In the Senate - Filed March 9, 2023; March 22, 2023, read
first time and referred to Committee on Local Government;
April 24, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 2; April 24, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2209 By: Springer
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of information in department files of
fire fighters or police officers and civilian oversight boards in
certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 143.003, Local Government Code, is
amended by amending Subdivision (1) and adding Subdivision (1-a) to
read as follows:
(1) "Civilian oversight board" means a board
established by a municipality to practice oversight, monitoring, or
investigations of fire fighters or police officers or departments.
(1-a) "Commission" means the Fire Fighters' and Police
Officers' Civil Service Commission.
SECTION 2. Subchapter A, Chapter 143, Local Government
Code, is amended by adding Section 143.017 to read as follows:
Sec. 143.017. INVESTIGATION BY CIVILIAN OVERSIGHT BOARD
PROHIBITED. An investigation under this chapter may not be
performed by a civilian oversight board.
SECTION 3. Sections 143.089(b) and (f), Local Government
Code, are amended to read as follows:
(b) A letter, memorandum, or document relating to alleged
misconduct by the fire fighter or police officer:
(1) may not be placed in the person's personnel file if
the employing department determines that there is insufficient
evidence to sustain the charge of misconduct; and
(2) except as provided by Section 1701.451,
Occupations Code, may not be released to any agency or person
requesting the letter, memorandum, or document if there is a
pending investigation into the alleged misconduct.
(f) The director or the director's designee may not release
any information contained in a fire fighter's or police officer's
personnel file without first obtaining the person's written
permission, unless the release of the information is required by
law or for a law enforcement purpose.
SECTION 4. Subchapter F, Chapter 143, Local Government
Code, is amended by adding Sections 143.091 and 143.092 to read as
follows:
Sec. 143.091. MUTUAL AGREEMENT SUPERSEDES CERTAIN
MUNICIPAL LAW. For a municipality with a collective bargaining
agreement or a meet-and-confer agreement with the municipality's
fire department or police department, the agreement supersedes an
ordinance, executive order, or rule adopted by the municipality.
Sec. 143.092. ELIGIBILITY FOR CIVILIAN OVERSIGHT BOARD. A
person is not eligible to serve on a civilian oversight board if the
person has been:
(1) convicted of or placed on deferred adjudication
community supervision for a felony offense; or
(2) convicted of a crime of moral turpitude.
SECTION 5. Section 143.091, Local Government Code, as added
by this Act, applies to a collective bargaining agreement or a
meet-and-confer agreement that was in effect on or after January 1,
2023.
SECTION 6. This Act takes effect September 1, 2023.
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