1-1  By:  Zaffirini                                         S.B. No. 695
    1-2        (In the Senate - Filed February 22, 1995; February 23, 1995,
    1-3  read first time and referred to Committee on State Affairs;
    1-4  April 7, 1995, reported favorably by the following vote:  Yeas 9,
    1-5  Nays 1; April 7, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the personnel records of certain law enforcement
    1-9  officers and fire protection personnel; providing a criminal
   1-10  penalty.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Chapter 614, Government Code, is amended by
   1-13  adding Subchapter E to read as follows:
   1-14    SUBCHAPTER E.  PERSONNEL RECORDS OF CERTAIN LAW ENFORCEMENT AND
   1-15                        FIRE-FIGHTING PERSONNEL
   1-16        Sec. 614.071.  APPLICATION.  This subchapter applies only to
   1-17  a law enforcement or fire protection employee as defined by Section
   1-18  614.072 who is not covered under Chapter 143, Local Government
   1-19  Code.
   1-20        Sec. 614.072.  DEFINITIONS.  In this subchapter:
   1-21              (1)  "Custodian" means a person designated to maintain
   1-22  employee records and files on law enforcement or fire protection
   1-23  employees.
   1-24              (2)  "Employee record" means any letter, memorandum,
   1-25  photograph, or document maintained by an employer that relates to a
   1-26  law enforcement or fire protection employee.
   1-27              (3)  "Employer" means an agency or political
   1-28  subdivision of the state, or a division of an agency or political
   1-29  subdivision of the state, that employs a law enforcement or fire
   1-30  protection employee covered under this subchapter.
   1-31              (4)  "Law enforcement or fire protection employee"
   1-32  means a peace officer licensed under Section 415.052 or fire
   1-33  protection personnel within the meaning of Section 419.021 employed
   1-34  by an agency or political subdivision of the state.
   1-35        Sec. 614.073.  CUSTODIAN OF EMPLOYEE RECORDS.  (a)  The
   1-36  governor shall designate a state officer or employee to be a
   1-37  custodian who shall maintain a permanent personnel file on each law
   1-38  enforcement or fire protection employee who is employed by an
   1-39  agency of the state.
   1-40        (b)  The governing body of each political subdivision of the
   1-41  state shall designate an officer or employee of the political
   1-42  subdivision to be a custodian who shall maintain a permanent
   1-43  personnel file on each law enforcement or fire protection employee
   1-44  who is employed by the political subdivision.
   1-45        Sec. 614.074.  PERMANENT PERSONNEL FILES.  (a)  A law
   1-46  enforcement or fire protection employee's permanent personnel file
   1-47  must contain any employee record relating to:
   1-48              (1)  a commendation, congratulation, or honor bestowed
   1-49  on the employee by a member of the public or by the employer for an
   1-50  action, duty, or activity that relates to the employee's official
   1-51  duties;
   1-52              (2)  any misconduct by the employee if the employee
   1-53  record is made by the employer and if the misconduct resulted in
   1-54  disciplinary action by the employer;
   1-55              (3)  the periodic evaluation of the employee by a
   1-56  supervisor; and
   1-57              (4)  any photograph of the employee maintained by the
   1-58  employer.
   1-59        (b)  An employee record relating to alleged misconduct by a
   1-60  law enforcement or fire protection employee may not be placed in
   1-61  the employee's permanent personnel file if the employer or the
   1-62  governing body of the employing entity determines that there is
   1-63  insufficient evidence to sustain the charge of misconduct.
   1-64        (c)  An employee record relating to disciplinary action taken
   1-65  against a law enforcement or fire protection employee or to alleged
   1-66  misconduct by the employee that is placed in the employee's
   1-67  permanent personnel file shall be removed from the file if the
   1-68  employer, a court, or an administrative body or hearing examiner of
    2-1  competent jurisdiction determines that:
    2-2              (1)  the disciplinary action was taken without just
    2-3  cause; or
    2-4              (2)  the charge of misconduct was not supported by
    2-5  sufficient evidence.
    2-6        (d)  If a negative employee record or other notation of
    2-7  negative impact is included in a law enforcement or fire protection
    2-8  employee's permanent personnel file, the custodian, not later than
    2-9  the 30th day after the date the record is included, shall notify
   2-10  the affected employee that the record has been included in the
   2-11  file.  The employee may, not later than the 15th day after the date
   2-12  of receipt of the notification, file a written response to the
   2-13  negative employee record.  The custodian shall place the response
   2-14  in the employee's file with the negative record.
   2-15        (e)  A law enforcement or fire protection employee is
   2-16  entitled, on request, to a copy of any employee record placed in
   2-17  the employee's permanent personnel file.  The employer may charge
   2-18  the employee a reasonable fee not to exceed actual cost for copies
   2-19  provided under this subsection.
   2-20        (f)  The custodian or employer may not release an employee
   2-21  record or information that is required to be contained in a law
   2-22  enforcement or fire protection employee's permanent personnel file
   2-23  without first obtaining the employee's written permission, unless
   2-24  the release of the record or information is required by law.
   2-25        (g)  The custodian shall ensure that employee records
   2-26  required to be included in a law enforcement or fire protection
   2-27  employee's permanent personnel file are placed in the file and that
   2-28  all records required to be excluded from the file are excluded.
   2-29        (h)  The custodian may dispose of the permanent personnel
   2-30  file or an employee record of a former law enforcement or fire
   2-31  protection employee in accordance with the employer's policy and
   2-32  applicable law.
   2-33        Sec. 614.075.  EMPLOYER'S PRIVATE FILES.  (a)  An employer
   2-34  may maintain a private personnel file on a law enforcement or fire
   2-35  protection employee for the employer's use.
   2-36        (b)  The employer may not release information contained in
   2-37  the private file to a person or an entity requesting information
   2-38  relating to the employee.
   2-39        (c)  An employer shall refer to the custodian a person or an
   2-40  entity that requests information relating to the law enforcement or
   2-41  fire protection employee's personnel file.
   2-42        Sec. 614.076.  PENALTY.  (a)  A person commits an offense if
   2-43  the person violates Section 614.074(f) or Section 614.075(b).
   2-44        (b)  An offense under this section is a Class C misdemeanor.
   2-45        SECTION 2.  Section 143.089, Local Government Code, is
   2-46  amended by adding Subsection (h) to read as follows:
   2-47        (h)  Each photograph of a firefighter or police officer in
   2-48  the possession of the employing department or municipality is
   2-49  considered to be part of the personnel file of the firefighter or
   2-50  police officer.  The employing department or municipality may not
   2-51  release a photograph of a firefighter or police officer except as
   2-52  provided by Subsection (f).
   2-53        SECTION 3.  This Act takes effect September 1, 1995.
   2-54        SECTION 4.  The importance of this legislation and the
   2-55  crowded condition of the calendars in both houses create an
   2-56  emergency and an imperative public necessity that the
   2-57  constitutional rule requiring bills to be read on three several
   2-58  days in each house be suspended, and this rule is hereby suspended.
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