By Bailey                                       H.B. No. 3288

      75R7484 GJH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain disciplinary records of fire fighters or police

 1-3     officers in certain municipalities.


 1-5           SECTION 1.  Section 143.1214, Local Government Code, is

 1-6     amended to read as follows:


 1-8     [OR UNSUSTAINED COMPLAINT].  (a)  The department head promptly

 1-9     shall order that the records of a disciplinary action that was

1-10     taken against a fire fighter or police officer be expunged from

1-11     each file maintained on the fire fighter or police officer by the

1-12     department if the disciplinary action was overturned in its

1-13     entirety on appeal by the commission, an independent third-party

1-14     hearing examiner, or a court of competent jurisdiction.  Documents

1-15     that must be expunged under this subsection include all documents

1-16     that indicate disciplinary action was recommended or taken against

1-17     the fire fighter or police officer, including [such as] the

1-18     recommendations of a disciplinary committee or a letter of

1-19     suspension.  This subsection does not apply if [the disciplinary

1-20     action was only reduced and not overturned nor shall this

1-21     subsection apply if] the fire fighter or police officer is charged

1-22     with excessive force that results in a death or injury and the

1-23     charge is being investigated by a law enforcement or criminal

1-24     justice agency other than the department.

 2-1           (b)  Except as provided under Subsection (a), the [The]

 2-2     department shall maintain an investigatory file [document] that

 2-3     relates to any complaint [a disciplinary action against a fire

 2-4     fighter or police officer that was overturned on appeal, or any

 2-5     document in the possession of the department that relates to a

 2-6     charge] of misconduct against a fire fighter or police officer

 2-7     [that the department did not sustain,  only in a file created by

 2-8     the department for the department's use].  The department may not

 2-9     release information from the investigatory file maintained by the

2-10     department [those documents to  any agency or other person] except

2-11     to another law enforcement agency or fire department.

2-12           SECTION 2.  This Act takes effect September 1, 1997, and

2-13     applies only to a disciplinary action if the initial complaint of

2-14     the disciplinary action was filed on or after the effective date of

2-15     this Act.  If the initial complaint of the disciplinary action is

2-16     filed before the effective date of this Act, the disciplinary

2-17     action is governed by the law in effect on the day the complaint

2-18     was filed, and the former law is continued in effect for this

2-19     purpose.

2-20           SECTION 3.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended.