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.