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. 2-34 * * * * *