1-1     By:  Lucio                                             S.B. No. 629

 1-2           (In the Senate - Filed February 17, 1997; February 20, 1997,

 1-3     read first time and referred to Committee on Intergovernmental

 1-4     Relations; April 1, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 11, Nays 0;

 1-6     April 1, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 629                    By:  Lucio

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the records of an overturned disciplinary action or a

1-11     charge of misconduct against fire fighters and police officers in

1-12     certain municipalities.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Subchapter D, Chapter 143, Local Government Code,

1-15     is amended by adding Section 143.058 to read as follows:

1-16           Sec. 143.058.  RECORDS RELATED TO DISCIPLINARY ACTIONS OR

1-17     CHARGES OF MISCONDUCT.  (a)  The department head shall promptly

1-18     order that the records of a disciplinary action taken against a

1-19     fire fighter or police officer be expunged from each file

1-20     maintained on the fire fighter or police officer by the department

1-21     if the disciplinary action was entirely overturned on appeal by the

1-22     commission, an independent third-party hearing examiner, or a court

1-23     of competent jurisdiction.  Documents that must be expunged under

1-24     this subsection include all documents that indicate disciplinary

1-25     action was recommended or taken against the fire fighter or police

1-26     officer, such as the recommendations of a disciplinary committee or

1-27     a letter of suspension.  This subsection does not apply if the fire

1-28     fighter or police officer is charged with using excessive force

1-29     that resulted in a death or injury and the charge is being

1-30     investigated by a law enforcement or criminal justice agency other

1-31     than the department.

1-32           (b)  The department shall maintain an investigatory file that

1-33     relates to a disciplinary action against a fire fighter or police

1-34     officer that was overturned on appeal, or any document in the

1-35     possession of the department that relates to a charge of misconduct

1-36     against a fire fighter or police officer, regardless of whether the

1-37     charge is sustained, only in a file created by the department for

1-38     the department's use.  The department may only release those

1-39     investigatory files or documents relating to a charge of

1-40     misconduct:

1-41                 (1)  to another law enforcement agency or fire

1-42     department; or

1-43                 (2)  in accordance with Subsection (c) or Section

1-44     143.089(g) or (h).

1-45           (c)  The department head or the department head's designee

1-46     may forward a document that relates to disciplinary action against

1-47     a fire fighter or police officer to the director or the director's

1-48     designee for inclusion in the fire fighter's or police officer's

1-49     personnel file maintained under Sections 143.089(a)-(f) only if:

1-50                 (1)  disciplinary action was actually taken against the

1-51     fire fighter or police officer;

1-52                 (2)  the document shows the disciplinary action taken;

1-53     and

1-54                 (3)  the document includes at least a brief summary of

1-55     the facts on which the disciplinary action was based.

1-56           (d)  The requirements of this section are in addition to the

1-57     requirements of Section 143.089.  This section does not prevent a

1-58     fire fighter or police officer from obtaining access to any

1-59     personnel file maintained by the department on the fire fighter or

1-60     police officer under Section 143.089.

1-61           SECTION 2.   Section143.089, Local Government Code, is

1-62     amended by amending Subsection (g) and adding Subsection (h) to

1-63     read as follows:

1-64           (g)  A fire or police department may maintain a personnel

 2-1     file on a fire fighter or police officer employed by the department

 2-2     for the department's use, but the department may not release any

 2-3     information contained in the department file to any agency or

 2-4     person requesting information relating to a fire fighter or police

 2-5     officer other than the fire fighter or police officer to whom the

 2-6     information relates.  The department shall refer to the director or

 2-7     the director's designee a person or agency that requests

 2-8     information that is maintained in the fire fighter's or police

 2-9     officer's personnel file.

2-10           (h)  A file or a part of a file maintained under Subsection

2-11     (g) may be released to a party in a civil or criminal action only

2-12     if the court has determined that the particular file or part of the

2-13     file is relevant to the action and only if an application for a

2-14     protective order limiting the use that may be made of the file or

2-15     part of the file has been filed with the court.  A department head

2-16     who is a party to the action, or the department head's

2-17     representative, may stipulate that the file or part of the file is

2-18     relevant to the action, but before releasing the file or part of

2-19     the file, the department head or the department head's designee

2-20     must find that an application for a protective order limiting the

2-21     use that may be made of the file or part of the file has been filed

2-22     with the court.

2-23           SECTION 3.  Section 143.1214, Local Government Code, is

2-24     repealed.

2-25           SECTION 4.  (a)  This Act takes effect September 1, 1997.

2-26           (b)  The change in law made by this Act applies to records

2-27     that exist on the effective date of this Act and to records that

2-28     are made on or after the effective date of this Act.

2-29           SECTION 5.  The importance of this legislation and the

2-30     crowded condition of the calendars in both houses create an

2-31     emergency and an imperative public necessity that the

2-32     constitutional rule requiring bills to be read on three several

2-33     days in each house be suspended, and this rule is hereby suspended.

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