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A BILL TO BE ENTITLED
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AN ACT
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relating to certain files maintained by a law enforcement agency |
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regarding certain employees of the agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter J, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.45351 to read as follows: |
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Sec. 1701.45351. DEPARTMENT FILE. (a) In this section, |
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"department file" means a file a law enforcement agency maintains |
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for agency use for each license holder the agency employs. |
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(b) The head of a law enforcement agency or the head's |
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designee shall maintain a department file on each license holder |
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the agency employs. |
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(c) A department file must contain any letter, memorandum, |
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or document relating to the license holder not included in a |
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personnel file maintained as required under a policy adopted under |
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Section 1701.4535, including any letter, memorandum, or document |
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relating to alleged license holder misconduct for which the agency |
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determines there is insufficient evidence to sustain the charge of |
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misconduct. |
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(d) In accordance with Section 1701.451, a law enforcement |
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agency hiring a license holder is entitled to review the contents of |
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the license holder's department file maintained by each previous |
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law enforcement agency employer. |
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(e) A law enforcement agency shall provide the contents from |
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a license holder's department file to the commission in accordance |
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with: |
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(1) the law enforcement agency's policy adopted in |
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compliance with Section 1701.4522(b)(1)(D); or |
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(2) a request by the commission as part of an ongoing |
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investigation relating to the license holder. |
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(f) A department file maintained under this section is |
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subject to disclosure as required by law, including Chapter 2B and |
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Article 39.14, Code of Criminal Procedure, and Section 511.021, |
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Government Code. |
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(f-1) On completion of an investigation relating to alleged |
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license holder misconduct, a law enforcement agency shall permit |
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the following individuals to view any letter, memorandum, or |
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document placed in the license holder's department file relating to |
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the alleged misconduct: |
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(1) the individual who submitted the complaint of |
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alleged misconduct that was the subject of the investigation; |
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(2) any individual to whom the alleged misconduct that |
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was the subject of the investigation was directed; or |
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(3) the immediate family of an individual described by |
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Subdivision (2) if the individual is now deceased. |
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(f-2) A person permitted to view a letter, memorandum, or |
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document under Subsection (f-1) may not duplicate, record, capture, |
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or otherwise memorialize the letter, memorandum, or document. A |
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permitted viewing of a letter, memorandum, or document under |
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Subsection (f-1) is not considered to be a release of public |
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information for purposes of Chapter 552, Government Code. |
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(g) Except as provided by this subsection and Subsections |
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(d), (e), (f), (f-1), and (f-2), a law enforcement agency may not |
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release any information contained in a license holder's department |
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file to any other agency or person requesting information relating |
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to the license holder. The agency shall refer the person or agency |
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requesting the information to the agency head or the head's |
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designee. Except for information, records, or notations described |
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by Section 552.108(c-1), Government Code, that are contained in a |
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license holder's department file, a department file maintained |
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under this section is confidential and not subject to disclosure |
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under Chapter 552, Government Code. |
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SECTION 2. This Act takes effect on the 91st day after the |
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last day of the legislative session. |