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.