By: Whitmire S.B. No. 1134
A BILL TO BE ENTITLED
AN ACT
1-1 relating to fire and police department records concerning charges
1-2 of misconduct and disciplinary actions in certain municipalities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 143.1214, Local Government Code, is
1-5 amended to read as follows:
1-6 Sec. 143.1214. RECORDS CONCERNING CHARGES OF MISCONDUCT AND
1-7 [OF OVERTURNED] DISCIPLINARY ACTIONS [ACTION OR UNSUSTAINED
1-8 COMPLAINT]. (a) The department head promptly shall order that the
1-9 records of a disciplinary action that was taken against a fire
1-10 fighter or police officer be expunged from each file maintained on
1-11 the fire fighter or police officer by the department if the
1-12 disciplinary action was overturned in its entirety 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
1-19 disciplinary action was only reduced and not overturned nor shall
1-20 this subsection apply] if the fire fighter or police officer is
1-21 charged with excessive force that results in a death or injury and
1-22 the charge is being investigated by a law enforcement or criminal
1-23 justice agency other than the department.
2-1 (b) The department shall maintain an investigatory file
2-2 [document] that relates to a disciplinary action against a fire
2-3 fighter or police officer that was overturned on appeal, or any
2-4 document in the possession of the department that relates to a
2-5 charge of misconduct against a fire fighter or police officer,
2-6 whether sustained or not [that the department did not sustain],
2-7 only in a file created by the department for the department's use.
2-8 The department may [not] release information from such
2-9 investigatory files only as set out in Subsections (c) and (d)
2-10 [those documents to any agency or other person] except that the
2-11 department may release information from such investigatory files to
2-12 another law enforcement agency or fire department.
2-13 (c) Only documents setting out discipline actually received
2-14 shall be forwarded by the department head to the personnel file
2-15 maintained by the director. Such documents shall include a brief
2-16 summary of the facts on which the discipline was based. An
2-17 investigatory file maintained pursuant to Subsection (b) shall not
2-18 be released to any agency or other person except another law
2-19 enforcement agency or fire department.
2-20 (d) In any cause of action, civil or criminal, no file, or
2-21 any part thereof, maintained pursuant to Section 143.089(g) shall
2-22 be released to any party to the action until relevancy is
2-23 judicially determined and an application for a protective order
2-24 limiting the use of such file in that cause of action has been
2-25 filed. The department head or the department head's designee may
3-1 stipulate that a file is relevant; however, prior to any release of
3-2 a department file, the department head shall ascertain that an
3-3 application for a protective order limiting the use of the records
3-4 to the immediate litigation has been filed each time such file is
3-5 sought in a civil or criminal action.
3-6 (e) Nothing in this section shall be construed to prevent a
3-7 fire fighter or police officer from having access to any personnel
3-8 file maintained by the department on the fire fighter or police
3-9 officer pursuant to Section 143.089.
3-10 SECTION 2. (a) This Act takes effect September 1, 1997.
3-11 (b) The change in law made by this Act applies to records in
3-12 existence on the effective date of this Act and to records made on
3-13 or after the effective date of this Act.
3-14 SECTION 3. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.