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


Senate Research Center   C.S.S.B. 629
By: Lucio
Intergovernmental Relations
3-30-97
Committee Report (Substituted)


DIGEST 

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

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 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. 

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 file 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 application for a protective order
limiting the use that may be made  of the file  has been filed with the
court.  Authorizes a department head who is party to the action to
stipulate that the file is relevant to the action.  Requires the
department head to find that an application for a protective order
limiting the use of the file has been filed with the court before the file
may be released. 

SECTION 3. Repealer:  Section 143.1214, Local Government Code (Records of
Overturned Disciplinary Action or Unsustained Complaint). 

SECTION 3. Effective date: September 1, 1997.
 Makes application of this Act prospective.

SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Makes a change in the relating clause.  Amends Sec. 143.058 to change the
heading.  Deletes a proposed provision providing that this subsection does
not apply if the disciplinary action was only reduced and not overturned.
Deletes a proposed provision requiring the department to maintain an
investigatory document on charges of misconduct against a fire fighter or
police officer that the department did not sustain.  Requires an
investigatory document to be maintained regardless of whether the charge
is sustained against a fire fighter or police officer.  Sets forth
conditions for which the department is authorized to release information
in investigatory files.  Deletes proposed Subsection (c).  Sets forth new
proposed Subsections (c) and (d), regarding actions a department head is
authorized to take in forwarding certain documents and the requirements to
which this proposed section pertains, respectively. 

SECTION 2. 

Redesignates proposed SECTION 2 as SECTION 3, and establishes new
provisions to amend Section 143.089, Local Government Code. 

SECTION 3. 

Redesignated from proposed SECTION 2.

SECTION 4.

 Makes application of this Act prospective.

SECTION 5. 

Establishes the emergency clause.