JH C.S.S.B. 629 75(R) BILL ANALYSIS URBAN AFFAIRS C.S.S.B. 629 By: Lucio (Clark) 5-19-97 Committee Report (Substituted) BACKGROUND Currently, there is no state law that relates to the records of an overturned disciplinary action or a charge of misconduct against fire fighters and police officers in certain municipalities. Fire fighters and police officers are not entitled to the safeguards and protection given to Texas residents regarding false, unfounded, and unsustained grievances and complaints that are expunged. This bill sets forth provisions for records of overturned disciplinary actions or charges of misconduct against fire fighters and police officers. PURPOSE As proposed, C.S.S.B. 629 sets forth provisions for records of overturned disciplinary actions or charges of misconduct against fire fighters and police officers. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 143D, Local Government Code, by adding Section 143.058, as follows: Sec. 143.058. RECORDS RELATED TO DISCIPLINARY ACTIONS OR CHARGES OF MISCONDUCT. Requires the department head which is the chief or head of a fire or police department to order the records of a disciplinary action taken against a fire fighter or police officer to be expunged from files maintained by the fire or police department if the disciplinary action was entirely overturned on appeal by the Fire Fighters' and Police Officers' Civil Service Commission, an independent third-party examiner, or a court of competent jurisdiction. Requires the documents expunged under this subsection to include all documents that indicate disciplinary action was recommended or taken against the firefighter or police officer. Sets forth provisions to which this subsection does not apply. Requires the department to maintain certain documents only in a file created by the department for the department's use. Authorizes the department to release those documents to another law enforcement agency or fire department, or in accordance with Subsection (c) or Section 143.089(g) or (h). Authorizes the department head or the designee to forward a document that relates to disciplinary action against a fire fighter or police officer to the director or the director's designee for inclusion in the fire fighter's or police officer's maintained personnel file if certain conditions apply. Provides that the requirements of this section are in addition to the requirements of Section 143.089. Provides that a fire fighter or police officer is not prohibited from obtaining access to any personnel file maintained by the department on the fire fighter or police officer under Section 143.089. Defines "record" and excludes cities of 1.5 million or more. SECTION 2. Amends Section 143.089, Local Government Code, by amending Subsection (g) and adding Subsection (h), to prohibit a department from releasing certain information about a fire fighter or police officer to any agency or person other than the fire fighter or police officer to whom the information relates. Authorizes a record maintained under Subsection (g) to be released to a party in a civil or criminal action only if the court has determined that the particular file or part of the file is relevant to the action and if an order limiting the use that may be made of the file has been made by the court. Authorizes a department head who is party to the action to stipulate that the file is relevant to the action. SECTION 3. Amends Local Government Code Section 143.1214 to require that disciplinary action be overturned entirely before expungement, and replaces references to "documents" with "records," and adds requirements for release of investigatory file information. SECTION 4. Adds Government Code Section 614.024 to require expungement on the same grounds and with the same procedures as provides for in Sections 1, 2, & 3 of the bill for noncivil service fire fighters and police officers. SECTION 5. Effective date: September 1, 1997. Makes application of this Act prospective. SECTION 6. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute: 1) excludes cities of 1.5 million or more in population in Section 1 of the bill. 2) adds a definition of "record". 3) adds a requirement that records forwarded to be included in a personnel file indicate disciplinary action taken. 4) changes references to a "personnel file" in Section 2 of the bill to "records." 5) changes the court order requirements for the release and use of records in other civil or criminal actions, and deletes requirement of a protective order application before information may be released when a department head is a party. 6) restores Local Government Code Section 143.1214 in Section 3 of the bill and requires that the disciplinary action be overturned in its entirety before expungement, and allows limited release of investigatory information. 7) adds Section 4 of the bill.