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.