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.