Bill Text: TX HB147 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2019-04-25 - Committee report sent to Calendars [HB147 Detail]
Download: Texas-2019-HB147-Comm_Sub.html
| 86R16228 MCK-D | |||
| By: Moody, et al. | H.B. No. 147 | ||
| Substitute the following for H.B. No. 147: | |||
| By: Guerra | C.S.H.B. No. 147 | ||
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| 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 a subject of the information, | ||
| record, or notation, other than a peace officer, is deceased or | ||
| incapacitated; or | ||
| (2) each person who is a subject of 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 a subject of the letter, | ||
| memorandum, or document, other than the police officer, is deceased | ||
| or incapacitated; or | ||
| (2) each person who is a subject of 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 a subject of 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, but 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, 2019. | ||
