76(R) SB 1540 Senate committee report

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


Senate Research CenterC.S.S.B. 1540
By: Gallegos
Intergovernmental Relations
4/8/1999
Committee Report (Substituted)


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. C.S.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, C.S.S.B. 1540 sets forth provisions regarding certain
nondisciplinary actions and the records of overturned disciplinary actions
or charges of misconduct against certain 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 police department (department) to promptly order
that the records of a disciplinary action taken against a police officer be
expunged, if the disciplinary action was entirely overturned on appeal.
Provides that this subsection does not apply, if the police officer is
charged with using excessive force that results in a death or injury and
the charge is being investigated. Provides that nothing contained herein
shall require that the Internal Affairs Division records be expunged under
any circumstances. Requires the department to maintain an investigatory
file, rather than document, that relates to a disciplinary action against a
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 relating to a charge of misconduct to certain
offices. Authorizes the department head or the department head's designee
to forward a document that relates to disciplinary action against a police
officer to the director or the director's designee for inclusion in the
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 police officer from obtaining access to any
personnel file maintained by the director or the department on the police
officer under Section 143.089, with the exception of the Internal Affairs
Division files. 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 police officer's behavior through certain procedures.
Provides that a supervisory intervention procedure or a policy and
procedure inquiry regarding a police officer is not considered a
disciplinary action for any purpose. Prohibits a 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 police officer in the 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 police officer in a file maintained by the division of the
department in which the police officer is employed. Authorizes the record
in the division file to be considered in a periodic performance evaluation
of 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. Makes conforming changes. 

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

SECTION 4. Emergency clause.


SUMMARY OF COMMITTEE CHANGES

Relating clause.

Amends the relating clause to relating to certain nondisciplinary actions
and to the records of overturned disciplinary actions or charges of
misconduct against certain police officers. 

SECTION 1.

Amends Section 143.1214, Local Government Code, to require the director for
the department to promptly order that the records of a disciplinary action
taken against a police officer be expunged, if the disciplinary action was
entirely overturned on appeal. Provides that nothing contained herein shall
require that the Internal Affairs Division records be expunged under any
circumstances. Provides that this section does not prevent a police officer
from obtaining access to any personnel file maintained by the director or
the department on the police officer under Section 143.089, with the
exception of the Internal Affairs Division files. Deletes text regarding
fire fighter. Makes conforming changes. 

SECTION 2. 

 Amends Section 143.1216, Local Government Code, to make conforming changes.