BILL ANALYSIS



S.B. 695
By: Zaffirini (Oakley)
05-10-95
Committee Report (Amended)


BACKGROUND

In 1987, legislation was passed establishing standardized rules for
the maintenance of fire and police employee personnel files in
cities covered by municipal civil service.  These rules do not
apply to state police or fire departments or to police and fire
departments in non-civil service municipalities.  Furthermore, in
cities where these standards exist, there have been cases of
unsubstantiated misconduct reports being placed in employees'
files.

PURPOSE

As proposed, S.B. 695 requires personnel files to be kept for
certain law enforcement officers and fire protection personnel;
provides a criminal penalty.

RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 614, Government Code, by adding
Subchapter E, as follows:

 SUBCHAPTER E.  PERSONNEL RECORDS OF CERTAIN LAW ENFORCEMENT AND 
                     FIRE-FIGHTING PERSONNEL

     Sec. 614.071.  APPLICATION.  Applies this subchapter only to
     a law enforcement or fire protection employee who is not
     covered under Chapter 143, Local Government Code and who is
     not employed by a municipality with a population of less than
     10,000.
     
     Sec. 614.072.  DEFINITIONS.  Defines "custodian," "employee
     record," "employer," and "law enforcement or fire protection
     employee."
     
     Sec. 614.073.  CUSTODIAN OF EMPLOYEE RECORDS.  Requires the
     governor or the governing body of a political subdivision to
     designate an officer or employee to be a custodian who is
     required to maintain a permanent personnel file (file) on law
     enforcement or fire protection employees of the state or
     political subdivision (public safety employee).
     
     Sec. 614.074.  PERMANENT PERSONNEL FILES.  (a) Sets forth
     requirements for the files.
     (b) Prohibits an employee record relating to alleged
       misconduct by a public safety employee from being placed in
       the employee's file if the employer or the governing body of
       the employer determines that there is insufficient evidence
       to sustain the charge, except for any information pertaining
       to an investigation that was pending at the time the
       employee resigned.
       (c) Requires a record relating to disciplinary action to be
       removed from the file if the employer, a court, or an
       administrative body or hearing examiner of competent
       jurisdiction determines the action was taken without just
       cause or the charge was not supported by sufficient
       evidence.
       (d) Requires the custodian to inform an affected employee
       within 30 days if a negative record is included in the
       person's file.  Authorizes the employee within a certain
       time period to file a written response to the negative
       record.  Requires the custodian to file the response with
       the record.
       (e) Entitles a public safety employee to a copy of any
       record in the file for a fee.
       (f) Prohibits the custodian or employer from releasing
       information from an employee's file without obtaining the
       employee's prior approval.  The employer can use a
       photograph of an employee without the employee's written
       permission for the purposes of identification.
       (g) Requires the custodian to ensure that files contain only
       appropriate information.
       (h) Authorizes the custodian to dispose of the file of a
       former employee.
       (i) Clarifies that subsections (b) and (c) do not require an
       employer to make a determination regarding a charge of
       misconduct or disciplinary action taken against an employee.
       
       Sec. 614.075.  EMPLOYER'S PRIVATE FILES.  (a) Authorizes an
     employer to maintain a file for the employer's use.
     
     (b) Prohibits the employer from releasing information in the
       private file to a person requesting information.
       
       (c) Requires an employer to refer to the custodian a person
       or an entity that requests information relating to the file.
       
     Sec. 614.076.  PENALTY.  Provides that a person commits an
     offense that is a Class C misdemeanor if the person violates
     Section 614.074(f) or Section 614.075(b).
     
SECTION 2. Amends Section 143.089, Local Government Code, by adding
Subsection (h), to provide that each photograph of a public safety
official in the possession of the employing department or
municipality is part of the official's file.  Prohibits the
employing department or municipality from releasing a photograph of
an officer, with an exception.  However, the department or
municipality may use a photograph without the written permission of
the officer or firefighter for the purposes of identification.

SECTION 3. Effective date: September 1, 1995.

SECTION 4. Emergency clause.

EXPLANATION OF AMENDMENTS

Amendment #1 by Oakley exempts the Department of Public Safety from
the provisions of this bill.

SUMMARY OF COMMITTEE ACTION

SB 695 was considered by the committee in a formal meeting on May
9, 1995.  One amendment was considered by the committee; the
amendment was adopted without objection.  The bill was reported
favorably as amended by a record vote of 6 ayes, 2 nays, 0 pnv, and
1 absent.