Bill Text: TX HB268 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the retention of and the required disclosure under the public information law of certain complaints alleging official oppression.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-04-17 - Withdrawn from schedule [HB268 Detail]
Download: Texas-2013-HB268-Introduced.html
| 83R783 RWG-D | ||
| By: Miles | H.B. No. 268 | |
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| relating to the retention of and the required disclosure under the | ||
| public information law of certain complaints alleging official | ||
| oppression. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 143, Local Government | ||
| Code, is amended by adding Section 143.017 to read as follows: | ||
| Sec. 143.017. RETENTION OF COMPLAINT ALLEGING OFFICIAL | ||
| OPPRESSION. (a) A complaint filed against a fire fighter or | ||
| police officer alleging conduct by the fire fighter or police | ||
| officer constituting official oppression under Section 39.03, | ||
| Penal Code, must be retained by the employing department of the | ||
| municipality as long as the fire fighter or police officer remains | ||
| employed by the municipality. | ||
| (b) The complaint is public information and may not be | ||
| excepted from disclosure under Section 552.108, Government Code. | ||
| (c) This section prevails over: | ||
| (1) any other provision of law; and | ||
| (2) any conflicting provision in a collective | ||
| bargaining agreement entered into under this chapter. | ||
| SECTION 2. Subchapter A, Chapter 174, Local Government | ||
| Code, is amended by adding Section 174.009 to read as follows: | ||
| Sec. 174.009. RETENTION OF COMPLAINT ALLEGING OFFICIAL | ||
| OPPRESSION. (a) A complaint filed against a fire fighter or | ||
| police officer alleging conduct by the fire fighter or police | ||
| officer constituting official oppression under Section 39.03, | ||
| Penal Code, must be retained by the employing department of the | ||
| political subdivision as long as the fire fighter or police officer | ||
| remains employed by the political subdivision. | ||
| (b) The complaint is public information and may not be | ||
| excepted from disclosure under Section 552.108, Government Code. | ||
| (c) This section prevails over: | ||
| (1) any other provision of law; and | ||
| (2) any conflicting provision in a collective | ||
| bargaining agreement entered into under this chapter. | ||
| SECTION 3. Section 552.108(c), Government Code, is amended | ||
| to read as follows: | ||
| (c) This section does not: | ||
| (1) except from the requirements of Section 552.021 | ||
| information that is basic information about an arrested person, an | ||
| arrest, or a crime; or | ||
| (2) apply to a complaint described by Section 143.017 | ||
| or 174.009, Local Government Code, or by Section 614.024 of this | ||
| code that is used by a law enforcement agency or prosecutor in the | ||
| detection, investigation, or prosecution of a crime. | ||
| SECTION 4. Subchapter B, Chapter 614, Government Code, is | ||
| amended by adding Section 614.024 to read as follows: | ||
| Sec. 614.024. RETENTION OF COMPLAINT ALLEGING OFFICIAL | ||
| OPPRESSION. (a) If a complaint alleges conduct by a law | ||
| enforcement officer of this state or by a fire fighter, detention | ||
| officer, county jailer, or peace officer appointed or employed by a | ||
| political subdivision of this state constituting official | ||
| oppression under Section 39.03, Penal Code, the complaint must be | ||
| retained on file by the employing state agency or employing or | ||
| appointing department of the political subdivision as long as the | ||
| person remains employed by the state or employed or appointed by the | ||
| political subdivision. | ||
| (b) The complaint is public information and may not be | ||
| excepted from disclosure under Section 552.108. | ||
| SECTION 5. Sections 143.017 and 174.009, Local Government | ||
| Code, as added by this Act, apply only to a collective bargaining | ||
| agreement executed on or after the effective date of this Act. A | ||
| collective bargaining agreement executed before the effective date | ||
| of this Act is governed by the law as it existed on the date the | ||
| agreement was executed, and the former law is continued in effect | ||
| for that purpose. | ||
| SECTION 6. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2013. | ||
