By: Lucio S.B. No. 629 A BILL TO BE ENTITLED AN ACT 1-1 relating to the records of an overturned disciplinary action or a 1-2 charge of misconduct against fire fighters and police officers in 1-3 certain municipalities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 143, Local Government Code, 1-6 is amended by adding Section 143.058 to read as follows: 1-7 Sec. 143.058. RECORDS RELATED TO DISCIPLINARY ACTIONS OR 1-8 CHARGES OF MISCONDUCT. (a) The department head shall promptly 1-9 order that the records of a disciplinary action taken against a 1-10 fire fighter or police officer be expunged from each file 1-11 maintained on the fire fighter or police officer by the department 1-12 if the disciplinary action was entirely overturned on appeal by the 1-13 commission, an independent third-party hearing examiner, or a court 1-14 of competent jurisdiction. Documents that must be expunged under 1-15 this subsection include all documents that indicate disciplinary 1-16 action was recommended or taken against the fire fighter or police 1-17 officer, such as the recommendations of a disciplinary committee or 1-18 a letter of suspension. This subsection does not apply if the fire 1-19 fighter or police officer is charged with using excessive force 1-20 that resulted in a death or injury and the charge is being 1-21 investigated by a law enforcement or criminal justice agency other 1-22 than the department. 1-23 (b) The department shall maintain an investigatory file that 2-1 relates to a disciplinary action against a fire fighter or police 2-2 officer that was overturned on appeal, or any document in the 2-3 possession of the department that relates to a charge of misconduct 2-4 against a fire fighter or police officer, regardless of whether the 2-5 charge is sustained, only in a file created by the department for 2-6 the department's use. The department may only release those 2-7 investigatory files or documents relating to a charge of 2-8 misconduct: 2-9 (1) to another law enforcement agency or fire 2-10 department; or 2-11 (2) in accordance with Subsection (c) or Section 2-12 143.089(g) or (h). 2-13 (c) The department head or the department head's designee 2-14 may forward a document that relates to disciplinary action against 2-15 a fire fighter or police officer to the director or the director's 2-16 designee for inclusion in the fire fighter's or police officer's 2-17 personnel file maintained under Sections 143.089(a)-(f) only if: 2-18 (1) disciplinary action was actually taken against the 2-19 fire fighter or police officer; 2-20 (2) the document shows the disciplinary action taken; 2-21 and 2-22 (3) the document includes at least a brief summary of 2-23 the facts on which the disciplinary action was based. 2-24 (d) The requirements of this section are in addition to the 2-25 requirements of Section 143.089. This section does not prevent a 3-1 fire fighter or police officer from obtaining access to any 3-2 personnel file maintained by the department on the fire fighter or 3-3 police officer under Section 143.089. 3-4 SECTION 2. Section 143.089, Local Government Code, is 3-5 amended by amending Subsection (g) and adding Subsection (h) to 3-6 read as follows: 3-7 (g) A fire or police department may maintain a personnel 3-8 file on a fire fighter or police officer employed by the department 3-9 for the department's use, but the department may not release any 3-10 information contained in the department file to any agency or 3-11 person requesting information relating to a fire fighter or police 3-12 officer other than the fire fighter or police officer to whom the 3-13 information relates. The department shall refer to the director or 3-14 the director's designee a person or agency that requests 3-15 information that is maintained in the fire fighter's or police 3-16 officer's personnel file. 3-17 (h) A file or a part of a file maintained under Subsection 3-18 (g) may be released to a party in a civil or criminal action only 3-19 if the court has determined that the particular file or part of the 3-20 file is relevant to the action and only if an application for a 3-21 protective order limiting the use that may be made of the file or 3-22 part of the file has been filed with the court. A department head 3-23 who is a party to the action, or the department head's 3-24 representative, may stipulate that the file or part of the file is 3-25 relevant to the action, but before releasing the file or part of 4-1 the file, the department head or the department head's designee 4-2 must find that an application for a protective order limiting the 4-3 use that may be made of the file or part of the file has been filed 4-4 with the court. 4-5 SECTION 3. Section 143.1214, Local Government Code, is 4-6 repealed. 4-7 SECTION 4. (a) This Act takes effect September 1, 1997. 4-8 (b) The change in law made by this Act applies to records 4-9 that exist on the effective date of this Act and to records that 4-10 are made on or after the effective date of this Act. 4-11 SECTION 5. The importance of this legislation and the 4-12 crowded condition of the calendars in both houses create an 4-13 emergency and an imperative public necessity that the 4-14 constitutional rule requiring bills to be read on three several 4-15 days in each house be suspended, and this rule is hereby suspended.