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A BILL TO BE ENTITLED
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AN ACT
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relating to the retention and required disclosure under the public |
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information law of certain complaints alleging official |
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oppression. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter J, Chapter 143, Local Government |
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Code, is amended by adding Section 143.364 to read as follows: |
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Sec. 143.364. RETENTION OF COMPLAINT AGAINST POLICE |
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OFFICER. (a) A municipal department employing a police officer |
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against whom is filed a complaint alleging conduct constituting |
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official oppression under Section 39.03, Penal Code, shall: |
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(1) retain the complaint until at least the fifth |
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anniversary of the date the police officer's employment with the |
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municipality ends; and |
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(2) create an abstract of the complaint to retain |
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indefinitely once the original complaint is destroyed. |
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(b) A discretionary exception to required disclosure |
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provided by Chapter 552, Government Code, does not apply to a |
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complaint or abstract described by Subsection (a). |
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(c) This section prevails over: |
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(1) any other provision of law; and |
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(2) any conflicting provision in an agreement entered |
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into under this subchapter. |
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(d) This section does not prohibit the employing municipal |
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department from withholding information contained in a complaint or |
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abstract that is confidential under Section 552.117 or 552.1175, |
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Government Code. |
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(e) This section does not prohibit a person from asserting a |
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privacy interest in withholding a complaint or abstract. |
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SECTION 2. Subchapter A, Chapter 174, Local Government |
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Code, is amended by adding Section 174.009 to read as follows: |
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Sec. 174.009. RETENTION OF COMPLAINT AGAINST POLICE |
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OFFICER. (a) A department of a political subdivision employing a |
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police officer against whom is filed a complaint alleging conduct |
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constituting official oppression under Section 39.03, Penal Code, |
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shall: |
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(1) retain the complaint until at least the fifth |
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anniversary of the date the police officer's employment with the |
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political subdivision ends; and |
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(2) create an abstract of the complaint to retain |
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indefinitely once the original complaint is destroyed. |
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(b) A complaint or abstract described by Subsection (a) is |
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public information and is not excepted from required disclosure by |
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Section 552.108, Government Code. |
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(c) This section prevails over: |
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(1) any other provision of law; and |
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(2) any conflicting provision in a collective |
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bargaining agreement entered into under this chapter. |
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SECTION 3. Section 552.108(c), Government Code, is amended |
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to read as follows: |
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(c) This section does not: |
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(1) except from the requirements of Section 552.021 |
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information that is basic information about an arrested person, an |
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arrest, or a crime; or |
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(2) apply to a complaint or abstract described by |
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Section 143.364 or 174.009, Local Government Code, or Section |
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614.024 of this code that a law enforcement agency or prosecutor |
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uses in the detection, investigation, or prosecution of a crime. |
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SECTION 4. Subchapter B, Chapter 614, Government Code, is |
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amended by adding Section 614.024 to read as follows: |
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Sec. 614.024. RETENTION BY MUNICIPALITIES OF COMPLAINT |
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AGAINST PEACE OFFICER. (a) If a municipality receives a complaint |
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against a peace officer employed by the municipality alleging |
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conduct constituting official oppression under Section 39.03, |
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Penal Code, the municipality shall: |
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(1) retain the complaint until at least the fifth |
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anniversary of the date the peace officer's employment with the |
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municipality ends; and |
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(2) create an abstract of the complaint to retain |
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indefinitely once the original complaint is destroyed. |
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(b) A discretionary exception to required disclosure |
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provided by Chapter 552 does not apply to a complaint or abstract |
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described by Subsection (a). |
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SECTION 5. Sections 143.364(c) and 174.009(c), Local |
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Government Code, as added by this Act, apply only to a contract |
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executed on or after the effective date of this Act. A contract |
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executed before the effective date of this Act is governed by the |
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law as it existed on the date the contract was executed, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |