Bill Text: TX SB433 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the disclosure restrictions on personnel files of police officers of municipalities that have adopted certain civil service laws.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-14 - Referred to Criminal Justice [SB433 Detail]

Download: Texas-2019-SB433-Introduced.html
  86R545 NC-D
 
  By: Hinojosa S.B. No. 433
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disclosure restrictions on personnel files of
  police officers of municipalities that have adopted certain civil
  service laws.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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]. 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.  A police department may maintain a
  personnel file on a police officer employed by the department for
  the department's use.  The information contained in the police
  department file is public information subject to disclosure under
  Chapter 552, Government Code, unless the information is made
  confidential under that chapter or other law.
         SECTION 2.  Section 143.1214, Local Government Code, is
  amended by amending Subsections (b), (c), and (e) and adding
  Subsection (c-1) to read as follows:
         (b)  The department shall maintain an investigatory file
  that relates to a disciplinary action against a fire fighter or
  police officer that was overturned on appeal, or any document in the
  possession of the department that relates to a charge of misconduct
  against a fire fighter or police officer, regardless of whether the
  charge is sustained, only in a file created by the department for
  the department's use. The department may only release information
  in those investigatory files or documents relating to a charge of
  misconduct:
               (1)  to another law enforcement agency or fire
  department;
               (2)  to the office of a district or United States
  attorney; or
               (3)  in accordance with Subsection (c) or (c-1).
         (c)  The department head or the department head's designee
  may forward a document that relates to disciplinary action against
  a fire fighter [or police officer] to the director or the director's
  designee for inclusion in the fire fighter's [or police officer's]
  personnel file maintained under Sections 143.089(a)-(f) only if:
               (1)  disciplinary action was actually taken against the
  fire fighter [or police officer];
               (2)  the document shows the disciplinary action taken;
  and
               (3)  the document includes at least a brief summary of
  the facts on which the disciplinary action was based.
         (c-1)  The department head or the department head's designee
  shall forward a document that relates to disciplinary action
  against a police officer to the director or the director's designee
  for inclusion in the police officer's personnel file maintained
  under Sections 143.089(a)-(f). 
         (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 internal affairs division or other
  similar internal investigative division, on the fire fighter [or
  police officer] under Section 143.089.  This section does not
  prevent a police officer from obtaining access to any personnel
  file maintained by the director or the department.  A police officer
  may obtain access to information that is subject to disclosure
  under Chapter 552, Government Code, contained in a file maintained
  by an internal affairs division or other similar internal
  investigative division under Section 143.089.
         SECTION 3.  Section 143.1216(d), Local Government Code, is
  amended to read as follows:
         (d)  The department shall [may not] include a record of a
  supervisory intervention procedure or a policy and procedure
  inquiry regarding a police officer in the police officer's
  personnel file maintained under Section 143.089 and [or] in the
  department file maintained under Section 143.089(g).
         SECTION 4.  This Act takes effect September 1, 2019.
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