SRC-JXG S.B. 1540 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1540
76R7052 KLA-FBy: Gallegos
Intergovernmental Relations
4/6/1999
As Filed


DIGEST 

This legislation is a product of the meet and confer contract in Houston.
The proposed legislation requires a city to expunge documents of overturned
disciplinary actions from departmental investigatory files. S.B. 1540 would
protect files by mandating that a protective order is secured regarding any
court action that requests access to personnel or investigatory files, and
would require a judge to determine the relevance of the request and decide
what can be reviewed and how it can be used.  

PURPOSE

As proposed, S.B. 1540 sets forth provisions regarding certain
nondisciplinary actions and the records of overturned disciplinary actions
or charges of misconduct against certain fire fighters and police officers. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 143.1214, Local Government Code, as follows:

Sec. 143.1214. New heading: RECORDS RELATED TO DISCIPLINARY ACTIONS OR
CHARGES OF MISCONDUCT. Requires the human resources director (director),
rather than head, for the fire fighter or police officer department
(department) to promptly order that the records of a disciplinary action
taken against a fire fighter or police officer be expunged, if the
disciplinary action was entirely overturned on appeal. Requires the
department to maintain an investigatory file, rather than document, that
relates to a disciplinary action against a fire fighter or police officer
that was overturned on appeal, regardless of whether the charge is
sustained. Authorizes the department to only release information in those
investigatory files or documents relating to a charge of misconduct to
certain offices. Authorizes the department head or the designee to forward
a document that relates to disciplinary action against a fire fighter or
police officer to the director or the director's designee for inclusion in
the fire fighter's or police officer's personnel file maintained under
Sections 143.089(a)-(f), only if certain conditions exist. Sets forth
conditions under which a file or part of a file maintained under Section
143.089(g) may be released to a party in a civil or criminal action.
Requires the director for the department to find that an application for a
protective order limiting the use that may be made of the file or part of
the file has been filed with the court, before releasing the file or part
of the file. Requires the legal division of the municipality, or its
designee, to provide legal representation in any action related to the
release of a file or part of a file under Subsection (d). Provides that the
requirements of this section are in addition to the requirements of Section
143.089. Provides that this section does not prevent a fire fighter or
police officer from obtaining access to any personnel file maintained by
the director or the department on the fire fighter or police officer under
Section 143.089. Deletes text regarding disciplinary action. Makes
conforming and nonsubstantive changes. 

SECTION 2. Amends Chapter 143G, Local Government Code, by adding Section
143.1216, as  follows: 

Sec. 143.1216. CERTAIN NONDISCIPLINARY ACTIONS. Authorizes the department
to use a supervisory intervention procedure or a policy  and procedure
inquiry to modify a fire fighter's or police officer's behavior through
certain procedures. Provides that a supervisory intervention procedure or a
policy and procedure inquiry regarding a fire fighter or police officer is
not considered a disciplinary action for any purpose. Prohibits a fire
fighter or police officer who is the subject of a supervisory intervention
procedure or a policy and procedure inquiry from filing an appeal or
grievance regarding the action taken by the department. Prohibits the
department from including a record of a supervisory intervention procedure
or a policy and procedure inquiry regarding a fire fighter or police
officer in the fire fighter's or police officer's personnel file maintained
under Section 143.089 or in the department file maintained under Section
143.089(g). Authorizes the department to include a record of a supervisory
intervention procedure or a policy and procedure inquiry regarding a fire
fighter or police officer in a file maintained by the division  of the
department in which the fire fighter or police officer is employed.
Authorizes the record in the division file to be considered in a periodic
performance evaluation of the fire fighter's or police officer's
performance, only if the supervisory intervention procedure or policy and
procedure inquiry occurred during the performance period that is the
subject of the performance evaluation. Authorizes the department to
maintain an electronic record of supervisory intervention procedure
inquiries that may be used only by the department for tracking and
statistical purposes. 

SECTION 3. Effective date: September 1, 1999.
           Makes application of this Act prospective.

SECTION 4. Emergency clause.