| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | A BILL TO BE ENTITLED |
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| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to certain files maintained by a law enforcement agency |
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| 8 | 10 | | regarding certain employees of the agency. |
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| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 12 | | SECTION 1. Subchapter J, Chapter 1701, Occupations Code, is |
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| 11 | 13 | | amended by adding Section 1701.45351 to read as follows: |
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| 12 | 14 | | Sec. 1701.45351. DEPARTMENT FILE. (a) In this section, |
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| 13 | 15 | | "department file" means a file maintained by a law enforcement |
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| 14 | 16 | | agency for each license holder employed by the agency for the |
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| 15 | 17 | | agency's use. |
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| 16 | 18 | | (b) The head of a law enforcement agency or the head's |
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| 17 | 19 | | designee shall maintain a department file on each license holder |
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| 18 | 20 | | employed by the agency. |
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| 19 | 21 | | (c) A department file must contain any letter, memorandum, |
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| 20 | 22 | | or document relating to the license holder not included in a |
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| 21 | 23 | | personnel file maintained under a policy adopted under Section |
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| 22 | 24 | | 1701.4535, including any letter, memorandum, or document relating |
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| 23 | 25 | | to alleged misconduct by the license holder for which the agency |
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| 24 | 26 | | determines there is insufficient evidence to sustain the charge of |
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| 25 | 27 | | misconduct. |
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| 26 | 28 | | (d) As provided by Section 1701.451, a law enforcement |
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| 27 | 29 | | agency hiring a license holder is entitled to view the contents of |
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| 28 | 30 | | the license holder's department file. |
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| 29 | 31 | | (e) A law enforcement agency shall provide contents from a |
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| 30 | 32 | | license holder's department file to the commission in accordance |
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| 31 | 33 | | with: |
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| 32 | 34 | | (1) Section 1701.4522(b)(1)(D); or |
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| 33 | 35 | | (2) a request by the commission as part of an ongoing |
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| 34 | 36 | | investigation relating to the license holder. |
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| 35 | 37 | | (f) Except as provided by Subsections (d) and (e), a law |
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| 36 | 38 | | enforcement agency may not release any information contained in a |
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| 37 | 39 | | license holder's department file to any other agency or person |
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| 38 | 40 | | requesting information relating to the license holder. The agency |
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| 39 | 41 | | shall refer the person or agency requesting the information to the |
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| 40 | 42 | | agency head or the head's designee. A department file maintained |
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| 41 | 43 | | under this section is confidential and not subject to disclosure |
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| 42 | 44 | | under Chapter 552, Government Code. |
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| 43 | 45 | | SECTION 2. This Act takes effect September 1, 2025. |
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