Bill Text: TX HB2006 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the release of a photograph of a police officer and access to records maintained by internal investigative divisions in certain municipalities.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2006 Detail]
Download: Texas-2011-HB2006-Enrolled.html
| H.B. No. 2006 | ||
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| relating to the release of a photograph of a police officer and | ||
| access to records maintained by internal investigative divisions in | ||
| certain municipalities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter F, Chapter 143, Local Government | ||
| Code, is amended by adding Section 143.090 to read as follows: | ||
| Sec. 143.090. RELEASE OF PHOTOGRAPHS OF POLICE OFFICERS. A | ||
| department, commission, or municipality may not release a | ||
| photograph that depicts a police officer unless: | ||
| (1) the officer has been charged with an offense by | ||
| indictment or by information; | ||
| (2) the officer is a party in a civil service hearing | ||
| or a case before a hearing examiner or in arbitration; | ||
| (3) the photograph is introduced as evidence in a | ||
| judicial proceeding; or | ||
| (4) the officer gives written consent to the release | ||
| of the photograph. | ||
| SECTION 2. Sections 143.1214(a) and (e), Local Government | ||
| Code, are amended to read as follows: | ||
| (a) The human resources director for the department | ||
| promptly shall order that the records of a disciplinary action that | ||
| was taken against a fire fighter or police officer be expunged from | ||
| each file maintained on the fire fighter or police officer by the | ||
| department if the disciplinary action was entirely overturned on | ||
| appeal by the commission, an independent third-party hearing | ||
| examiner, or a court of competent jurisdiction. Documents that | ||
| must be expunged under this subsection include all documents that | ||
| indicate disciplinary action was recommended or taken against the | ||
| fire fighter or police officer, such as the recommendations of a | ||
| disciplinary committee or a letter of suspension. This subsection | ||
| does not apply if the fire fighter or police officer is charged with | ||
| using excessive force that results in a death or injury and the | ||
| charge is being investigated by a law enforcement or criminal | ||
| justice agency other than the department. This subsection does not | ||
| require that records of an [ |
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| similar internal investigative division be expunged. | ||
| (e) The requirements of this section are in addition to the | ||
| requirements of Section 143.089. This section does not prevent a | ||
| fire fighter or police officer from obtaining access to any | ||
| personnel file maintained by the director or the department, other | ||
| than a file maintained by an [ |
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| other similar internal investigative division, on the fire fighter | ||
| or police officer under Section 143.089. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2006 was passed by the House on May | ||
| 12, 2011, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2006 was passed by the Senate on May | ||
| 24, 2011, by the following vote: Yeas 31, Nays 0 | ||
| . | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
