By Brimer                                             H.B. No. 2074
       74R3603 MLR-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to immunity from liability for providing or obtaining
    1-3  certain information regarding law enforcement officers or
    1-4  applicants for employment as law enforcement officers.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Title 6, Civil Practice and Remedies Code, is
    1-7  amended by adding Chapter 144 to read as follows:
    1-8        CHAPTER 144.  IMMUNITY FROM LIABILITY FOR PROVIDING OR
    1-9         OBTAINING PERSONNEL INFORMATION REGARDING CURRENT OR
   1-10                  PROSPECTIVE LAW ENFORCEMENT OFFICER
   1-11        Sec. 144.001.  DEFINITIONS.  In this chapter:
   1-12              (1)  "Former employer" includes a former employer that
   1-13  is:
   1-14                    (A)  a public or private employer that employed a
   1-15  person in a capacity other than as a peace officer; or
   1-16                    (B)  a law enforcement agency that appointed or
   1-17  employed a person as a peace officer.
   1-18              (2)  "Governmental entity" means the state, a political
   1-19  subdivision of the state, or a governmental entity created under
   1-20  the Texas Constitution or a statute of this state.
   1-21              (3)  "Law enforcement agency" means an agency of a
   1-22  governmental entity authorized by law to appoint or employ peace
   1-23  officers.
   1-24              (4)  "Peace officer" means an individual elected,
    2-1  appointed, or employed to serve as a peace officer for a
    2-2  governmental entity under Article 2.12, Code of Criminal Procedure,
    2-3  or other law.  The term includes a probationary officer.
    2-4        Sec. 144.002.  LIMITATION OF LIABILITY.  (a)  A former
    2-5  employer of a person is not liable in civil damages for providing
    2-6  personnel information regarding the person to a law enforcement
    2-7  agency that requests the information if:
    2-8              (1)  the requesting law enforcement agency represents
    2-9  to the former employer as part of the request that the person is a
   2-10  peace officer appointed or employed by the requesting agency or is
   2-11  an applicant for appointment or employment as a peace officer with
   2-12  the requesting agency;
   2-13              (2)  the requesting law enforcement agency requests the
   2-14  information in a writing that is:
   2-15                    (A)  written on the letterhead of the requesting
   2-16  agency; and
   2-17                    (B)  signed, with the title of the person who
   2-18  signed the request apparent; and
   2-19              (3)  the person providing the information on behalf of
   2-20  the former employer either has a responsibility to keep personnel
   2-21  information for the former employer or was in a supervisory
   2-22  position over the person about whom the information was requested.
   2-23        (b)  A law enforcement agency is not liable in civil damages
   2-24  for obtaining personnel information regarding a person from a
   2-25  former employer if:
   2-26              (1)  the person is a peace officer appointed or
   2-27  employed by the law enforcement agency or an applicant for
    3-1  appointment or employment as a peace officer with the law
    3-2  enforcement agency; and
    3-3              (2)  the law enforcement agency follows the procedures
    3-4  described by Subsections (a)(1) and (2) in requesting the
    3-5  information.
    3-6        (c)  Immunity under this chapter does not extend to personnel
    3-7  information about a peace officer or peace officer candidate that
    3-8  is provided or obtained fraudulently, maliciously, or in bad faith.
    3-9        (d)  Immunity under this chapter is in addition to immunity
   3-10  provided under other law, including the common law.
   3-11        Sec. 144.003.  DUTY TO PROVIDE PERSONNEL INFORMATION.  A
   3-12  former employer shall provide personnel information about a person
   3-13  to a requesting law enforcement agency if the requesting law
   3-14  enforcement agency requests the information in accordance with
   3-15  Sections 144.002(a)(1) and (2).
   3-16        Sec. 144.004.  LIMITATION ON PERSONNEL INFORMATION THAT MAY
   3-17  BE PROVIDED.  Personnel information that may be provided under this
   3-18  chapter does not include the results of medical, psychological, or
   3-19  polygraph examinations unless those reports are a public record.
   3-20  In this section, "public record" has the meaning assigned by
   3-21  Section 552.002, Government Code.
   3-22        SECTION 2.  This Act takes effect September 1, 1995.  The
   3-23  immunity provided by Chapter 144, Civil Practice and Remedies Code,
   3-24  as added by this Act, applies to personnel information regarding a
   3-25  peace officer or peace officer candidate that is provided to or
   3-26  obtained by a law enforcement agency on or after the effective date
   3-27  of this Act.
    4-1        SECTION 3.  The importance of this legislation and the
    4-2  crowded condition of the calendars in both houses create an
    4-3  emergency and an imperative public necessity that the
    4-4  constitutional rule requiring bills to be read on three several
    4-5  days in each house be suspended, and this rule is hereby suspended.