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.
2-59 * * * * *