Bill Text: TX SB66 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the retention of and the required disclosure under the public information law of certain complaints alleging official oppression.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-03 - Referred to Jurisprudence [SB66 Detail]

Download: Texas-2021-SB66-Introduced.html
  87R817 BEF-D
 
  By: Miles S.B. No. 66
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 J, Chapter 143, Local Government
  Code, is amended by adding Section 143.364 to read as follows:
         Sec. 143.364.  RETENTION OF COMPLAINT AGAINST POLICE
  OFFICER. (a)  A complaint filed against a police officer alleging
  conduct by the police officer constituting official oppression
  under Section 39.03, Penal Code, must be retained by the employing
  department of the municipality for at least five years after the
  police officer's employment with the municipality ends. An abstract
  of the complaint must be created and retained indefinitely once the
  original complaint is destroyed.
         (b)  The complaint is not excepted from disclosure under a
  discretionary exception provided by Chapter 552, Government Code.
         (c)  This section prevails over:
               (1)  any other provision of law; and
               (2)  any conflicting provision in an agreement entered
  into under this subchapter.
         (d)  This section does not prohibit the employing department
  of the municipality from withholding information contained in the
  complaint that is confidential under Section 552.117 or 552.1175,
  Government Code.
         (e)  This section does not prohibit a person from asserting a
  privacy interest in withholding the complaint.
         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 AGAINST POLICE OFFICER
  BY CERTAIN MUNICIPALITIES. (a) A complaint filed against a police
  officer alleging conduct by the police officer constituting
  official oppression under Section 39.03, Penal Code, must be
  retained by the employing department of the political subdivision
  for at least five years after the police officer's employment with
  the political subdivision ends. An abstract of the complaint must
  be created and retained indefinitely once the original complaint is
  destroyed.
         (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 143.364
  or 174.009, Local Government Code, or 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 AGAINST PEACE OFFICER
  BY CERTAIN MUNICIPALITIES. (a) If a complaint alleges conduct by a
  peace officer employed by a municipality constituting official
  oppression under Section 39.03, Penal Code, the complaint must be
  retained on file by the municipality for at least five years after
  the peace officer's employment with the municipality ends. An
  abstract of the complaint must be created and retained indefinitely
  once the original complaint is destroyed.
         (b)  The complaint is not excepted from public disclosure
  under a discretionary exception provided by Chapter 552.
         SECTION 5.  Sections 143.364(c) and 174.009(c), Local
  Government Code, as added by this Act, apply only to a contract
  executed on or after the effective date of this Act. A contract
  executed before the effective date of this Act is governed by the
  law as it existed on the date the contract 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, 2021.
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