SRC-JRN S.B. 629 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 629
By: Lucio
Intergovernmental Relations
3-5-97
As Filed


DIGEST 

Currently, there is no state law that relates to the records of an
overturned disciplinary action or an unsustained complaint 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 unsustained complaints against fire
fighters and police officers. 

PURPOSE

As proposed, S.B. 629 sets forth provisions for records of overturned
disciplinary actions or unsustained complaints against fire fighters and
police officers. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 143D, Local Government Code, by adding Section
143.058, as follows: 

Sec. 143.058. RECORDS OF OVERTURNED DISCIPLINARY ACTION OR UNSUSTAINED
COMPLAINT.  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
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.  Prohibits the department from
releasing those documents to any agency or person except a law enforcement
agency or fire department.  Provides that the requirements of this section
are in addition to the requirements of Section 143.089. 

SECTION 2. Repealer:  Section 143.1214, Local Government Code (Records of
Overturned Disciplinary Action or Unsustained Complaint). 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.