1-1 By: Whitmire S.B. No. 1134
1-2 (In the Senate - Filed March 11, 1997; March 13, 1997, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; March 24, 1997, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 11, Nays 0;
1-6 March 24, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1134 By: Whitmire
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to fire and police department records concerning charges
1-11 of misconduct and disciplinary actions in certain municipalities.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 143.1214, Local Government Code, is
1-14 amended to read as follows:
1-15 Sec. 143.1214. RECORDS CONCERNING CHARGES OF MISCONDUCT AND
1-16 [OF OVERTURNED] DISCIPLINARY ACTIONS [ACTION OR UNSUSTAINED
1-17 COMPLAINT]. (a) The department head promptly shall order that the
1-18 records of a disciplinary action that was taken against a fire
1-19 fighter or police officer be expunged from each file maintained on
1-20 the fire fighter or police officer by the department if the
1-21 disciplinary action was overturned in its entirety 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
1-28 disciplinary action was only reduced and not overturned nor shall
1-29 this subsection apply] if the fire fighter or police officer is
1-30 charged with excessive force that results in a death or injury and
1-31 the charge is being investigated by a law enforcement or criminal
1-32 justice agency other than the department.
1-33 (b) The department shall maintain an investigatory file
1-34 [document] that relates to a disciplinary action against a fire
1-35 fighter or police officer that was overturned on appeal, or any
1-36 document in the possession of the department that relates to a
1-37 charge of misconduct against a fire fighter or police officer,
1-38 whether sustained or not [that the department did not sustain],
1-39 only in a file created by the department for the department's use.
1-40 The department may [not] release information from such
1-41 investigatory files only as set out in Subsections (c) and (d)
1-42 [those documents to any agency or other person] except that the
1-43 department may release information from such investigatory files to
1-44 another law enforcement agency or fire department.
1-45 (c) Only documents setting out discipline actually received
1-46 shall be forwarded by the department head to the personnel file
1-47 maintained by the director. Such documents shall include a brief
1-48 summary of the facts on which the discipline was based. An
1-49 investigatory file maintained pursuant to Subsection (b) shall not
1-50 be released to any agency or other person except another law
1-51 enforcement agency or fire department.
1-52 (d) In any cause of action, civil or criminal, no file, or
1-53 any part thereof, maintained pursuant to Section 143.089(g) shall
1-54 be released to any party to the action until relevancy is
1-55 judicially determined and an application for a protective order
1-56 limiting the use of such file in that cause of action has been
1-57 filed. The department head or the department head's designee may
1-58 stipulate that a file is relevant; however, prior to any release of
1-59 a department file, the department head shall ascertain that an
1-60 application for a protective order limiting the use of the records
1-61 to the immediate litigation has been filed each time such file is
1-62 sought in a civil or criminal action.
1-63 (e) Nothing in this section shall be construed to prevent a
1-64 fire fighter or police officer from having access to any personnel
2-1 file maintained by the department on the fire fighter or police
2-2 officer pursuant to Section 143.089.
2-3 SECTION 2. (a) This Act takes effect September 1, 1997.
2-4 (b) The change in law made by this Act applies to records in
2-5 existence on the effective date of this Act and to records made on
2-6 or after the effective date of this Act.
2-7 SECTION 3. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.
2-12 * * * * *