Bill Text: TX HB15 | 2025 | 89th Legislature 2nd Special Session | Comm Sub
Bill Title: Relating to certain files maintained by a law enforcement agency regarding certain employees of the agency.
Sponsorship: Partisan Bill (Republican 6)
Status: (Engrossed - Dead) 2025-09-02 - Senate Amendments Analysis distributed [HB15 Detail]
Download: Texas-2025-HB15-Comm_Sub.html
| By: Hefner, et al. (Senate Sponsor - King) | H.B. No. 15 | |
| (In the Senate - Received from the House September 2, 2025; | ||
| September 2, 2025, read first time and referred to Committee on | ||
| State Affairs; September 2, 2025, reported adversely, with | ||
| favorable Committee Substitute by the following vote: Yeas 6, | ||
| Nays 2; September 2, 2025, sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR H.B. No. 15 | By: Hughes | |
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| relating to certain files maintained by a law enforcement agency | ||
| regarding certain employees of the agency. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter J, Chapter 1701, Occupations Code, is | ||
| amended by adding Section 1701.45351 to read as follows: | ||
| Sec. 1701.45351. DEPARTMENT FILE. (a) In this section, | ||
| "department file" means a file a law enforcement agency maintains | ||
| for agency use for each license holder the agency employs. | ||
| (b) The head of a law enforcement agency or the head's | ||
| designee shall maintain a department file on each license holder | ||
| the agency employs. | ||
| (c) A department file must contain any letter, memorandum, | ||
| or document relating to the license holder not included in a | ||
| personnel file maintained as required under a policy adopted under | ||
| Section 1701.4535, including any letter, memorandum, or document | ||
| relating to alleged license holder misconduct for which the agency | ||
| determines there is insufficient evidence to sustain the charge of | ||
| misconduct. | ||
| (d) In accordance with Section 1701.451, a law enforcement | ||
| agency hiring a license holder is entitled to review the contents of | ||
| the license holder's department file maintained by each previous | ||
| law enforcement agency employer. | ||
| (e) A law enforcement agency shall provide the contents from | ||
| a license holder's department file to the commission in accordance | ||
| with: | ||
| (1) the law enforcement agency's policy adopted in | ||
| compliance with Section 1701.4522(b)(1)(D); or | ||
| (2) a request by the commission as part of an ongoing | ||
| investigation relating to the license holder. | ||
| (f) A department file maintained under this section is | ||
| subject to disclosure only as required by law, including Chapter 2B | ||
| and Article 39.14, Code of Criminal Procedure, and Section 511.021, | ||
| Government Code. | ||
| (g) Except as provided by Subsections (d), (e), and (f), a | ||
| law enforcement agency may not release any information contained in | ||
| a license holder's department file to any other agency or person | ||
| requesting information relating to the license holder. The agency | ||
| shall refer the person or agency requesting the information to the | ||
| agency head or the head's designee. A department file maintained | ||
| under this section is confidential and not subject to disclosure | ||
| under Chapter 552, Government Code. | ||
| SECTION 2. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
| * * * * * | ||
