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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain law enforcement, corrections, and |
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prosecutorial records under the public information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.108, Government Code, is amended by |
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adding Subsections (d), (e), and (f) to read as follows: |
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(d) The exceptions to disclosure provided by Subsections |
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(a)(2) and (b)(2) do not apply to information, records, or |
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notations if: |
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(1) a person who is described by or depicted in the |
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information, record, or notation, other than a peace officer, is |
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deceased or incapacitated; or |
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(2) each person who is described by or depicted in the |
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information, record, or notation consents to the release of the |
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information, record, or notation. |
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(e) This section does not except from the requirements of |
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Section 552.021 a letter, memorandum, or document regarding a |
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police officer's alleged misconduct in the police officer's |
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personnel file under Section 143.089, Local Government Code, if: |
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(1) a person who is described by or depicted in the |
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letter, memorandum, or document, other than the police officer, is |
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deceased or incapacitated; or |
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(2) each person who is described by or depicted in the |
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letter, memorandum, or document consents to the release of the |
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letter, memorandum, or document. |
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(f) A governmental body that releases information, records, |
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or notations to a family member of a deceased or incapacitated |
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person who is described by or depicted in the information, record, |
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or notation is not considered to have voluntarily made that |
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information available to the public for purposes of Section 552.007 |
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and does not waive the ability to assert in the future that the |
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information is excepted from required disclosure under this section |
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or other law. |
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SECTION 2. Section 143.089(g), Local Government Code, is |
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amended to read as follows: |
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(g) A fire or police department may maintain a personnel |
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file on a fire fighter or police officer employed by the department |
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for the department's use. Except as provided by Subsection (h), the |
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department may not release any information contained in the |
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department file to any agency or person requesting information |
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relating to a fire fighter or police officer, other than |
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information relating to a police officer's alleged misconduct in |
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the police officer's personnel file, as permitted by Section |
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552.108, Government Code. The department shall refer to the |
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director or the director's designee a person or agency that |
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requests information that is maintained in the fire fighter's or |
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police officer's personnel file. |
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SECTION 3. Sections 552.108(d), (e), and (f), Government |
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Code, as added by this Act, and Section 143.089(g), Local |
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Government Code, as amended by this Act, apply to information, |
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records, notations, letters, memoranda, and documents collected, |
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made, assembled, or maintained before, on, or after the effective |
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date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |