SRC-JRN S.B. 1134 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1134
By: Whitmire
Intergovernmental Relations
3-16-97
As Filed


DIGEST 

Currently, state law relating to fire and police department records
requires complaints and disciplinary actions of officers to be contained
in the officer's personnel file.  The concern exists that some overturned
complaints maintained in an employee's personnel record are considered
public record and may be used maliciously against a public employee.
This bill requires a police or fire department in a city with a population
of 1.5 million or more to transfer to an Internal Affairs Division file
all documentation about completely overturned charges against a police
officer of fire fighter. 

PURPOSE

As proposed, S.B. 1134 requires a police or fire department in a city with
a population of 1.5 million or more to transfer to an Internal Affairs
Division file all documentation about completely overturned charges
against a police officer of fire fighter. 

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 Section 143.1214, Local Government Code, as follows:

Sec. 143.1214.  New heading:  RECORDS CONCERNING COMPLAINTS AND
DISCIPLINARY ACTIONS.  Requires a police or fire department to maintain an
investigatory file that relates to any complaint of misconduct against a
fire fighter or police officer, whether sustained or not, rather than to
maintain a document relating to certain unsustained disciplinary actions.
Authorizes the department to release information from investigatory files
under Subsections (c) and (d), except that the department may release
information from such investigatory files to another law enforcement
agency or fire department.  Requires only documents stipulating discipline
received by a person to be forwarded by the department head to the
personnel file maintained by the director.  Sets forth provisions of
documents to be forwarded.  Prohibits files from being released to any
party to an action until relevancy is judicially determined and an
application for a protective order limiting the use of a file has been
filed.  Authorizes the department head to stipulate that a file is
relevant.  Requires an application for protective order to be filed by the
department each time the file is sought in a civil or criminal cause of
action. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.