By Clark H.B. No. 1531
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the records of an overturned disciplinary action or a
1-3 charge of misconduct against certain fire fighters and peace
1-4 officers.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 143, Local Government Code,
1-7 is amended by adding Section 143.058 to read as follows:
1-8 Sec. 143.058. RECORDS RELATED TO DISCIPLINARY ACTIONS OR
1-9 CHARGES OF MISCONDUCT. (a) This section does not apply to a
1-10 municipality with a population of 1.5 million or more.
1-11 (b) "Record" as used in this Section and Section 143.084
1-12 means any document, written information, electronically recorded
1-13 information, or computerized file or information.
1-14 (c) The department head shall promptly order that the
1-15 records of a disciplinary action taken against a fire fighter or
1-16 police officer be expunged from each file maintained on the fire
1-17 fighter or police officer by the department if the disciplinary
1-18 action was entirely overturned on appeal by the commission, an
1-19 independent third-party hearing examiner, or a court of competent
1-20 jurisdiction. Records that must be expunged under this subsection
1-21 include all records that indicate disciplinary action was
2-1 recommended or taken against the fire fighter or police officer,
2-2 such as the recommendations of a disciplinary committee or a letter
2-3 of suspension. This subsection does not apply if the fire fighter
2-4 or police officer is charged with using excessive force that
2-5 resulted in a death or injury and the charge is being investigated
2-6 by a law enforcement or criminal justice agency other than the
2-7 department.
2-8 (d) The department shall maintain records that relate to a
2-9 disciplinary action against a fire fighter or police officer that
2-10 was overturned on appeal, or any record in the possession of the
2-11 department that relates to a charge of misconduct against a fire
2-12 fighter or police officer, regardless of whether the charge is
2-13 sustained, only in a file created by the department for the
2-14 department's use. The department may only release such records
2-15 relating to a charge of misconduct:
2-16 (1) to another law enforcement agency or fire
2-17 department; or
2-18 (2) in accordance with Subsection (e) or Section
2-19 143.089(g) or (h).
2-20 (e) The department head or the department head's designee
2-21 may forward a record that relates to disciplinary action against a
2-22 fire fighter or police officer to the director or the director's
2-23 designee for inclusion in the fire fighter's or police officer's
2-24 personnel file maintained under Section 143.089(a)-(f) only if:
2-25 (1) disciplinary action was actually taken against the
3-1 fire fighter or police officer;
3-2 (2) the record includes at least a brief summary of
3-3 the facts on which the disciplinary action was based.
3-4 (f) The requirements of this section are in addition to the
3-5 requirements of Section 143.089. This section does not prevent a
3-6 fire fighter or police officer from obtaining access to any records
3-7 maintained by the department on the fire fighter or police officer
3-8 under Section 143.089.
3-9 SECTION 2. Section 143.089, Local Government Code, is
3-10 amended by amending Subsection (g) and adding Subsection (h) to
3-11 read as follows:
3-12 (g) A fire or police department may maintain records [a
3-13 personnel file] on a fire fighter or police officer employed by the
3-14 department for the department's use, but the department may not
3-15 release any information contained in such records [the department
3-16 file] to any agency or person requesting information relating to a
3-17 fire fighter or police officer other than the fire fighter or
3-18 police officer to whom the information relates. The department
3-19 shall refer to the director or the director's designee a person or
3-20 agency that requests information that is maintained in the fire
3-21 fighter's or police officer's personnel file.
3-22 (h) A record maintained under Subsection (g) may be released
3-23 to a party in a civil or criminal action only if a court of
3-24 competent jurisdiction has determined that the particular record is
3-25 relevant to the action and has issued an order setting out the
4-1 limits on the use of, and persons entitled to examine, such record,
4-2 and providing for the return of the record and any copies made. A
4-3 department head who is a party to the action, or the department
4-4 head's representative, may stipulate that the file or part of the
4-5 file is relevant to the action.
4-6 SECTION 3. Section 143.1214, Local Government Code, is
4-7 amended to read as follows:
4-8 Sec. 143.1214. RECORDS CONCERNING CHARGES OF MISCONDUCT AND
4-9 [OF OVERTURNED] DISCIPLINARY ACTIONS [ACTION OR UNSUSTAINED
4-10 COMPLAINT]. (a) The department head promptly shall order that the
4-11 records of a disciplinary action that was taken against a fire
4-12 fighter or police officer be expunged from each file maintained on
4-13 the fire fighter or police officer by the department if the
4-14 disciplinary action was overturned in its entirety on appeal by the
4-15 commission, an independent third party hearing examiner, or a court
4-16 of competent jurisdiction. Records [Documents] that must be
4-17 expunged under this subsection include all records [documents] that
4-18 indicate disciplinary action was recommended or taken against the
4-19 fire fighter or police officer, such as the recommendations of a
4-20 disciplinary committee or a letter of suspension. This subsection
4-21 does not apply [if the disciplinary action was only reduced and not
4-22 overturned nor shall this subsection apply] if the fire fighter or
4-23 police officer is charged with excessive force that results in a
4-24 death or injury and the charge is being investigated by a law
4-25 enforcement or criminal justice agency other than the department.
5-1 (b) The department shall maintain records [an investigatory
5-2 document] that relate[s] to a disciplinary action against a fire
5-3 fighter or police officer that was overturned on appeal, or any
5-4 record [document] in the possession of the department that relates
5-5 to a charge of misconduct against a fire fighter or police officer,
5-6 whether sustained or not [that the department did not sustain],
5-7 only in a file created by the department for the department's use.
5-8 The department may [not] release information from such
5-9 investigatory files only as set out in Subsections (c) and (d)
5-10 [those documents to any agency or other person] except that the
5-11 department may release information from such investigatory files to
5-12 another law enforcement agency or fire department.
5-13 (c) Only records setting out discipline actually received
5-14 shall be forwarded by the department head to the personnel file
5-15 maintained by the director. Such records shall include a brief
5-16 summary of the facts on which the discipline was based. An
5-17 investigatory file maintained pursuant to Subsection (b) shall not
5-18 be released to any agency or other person except another law
5-19 enforcement agency or department.
5-20 (d) In any cause of action, civil or criminal, no record
5-21 maintained pursuant to Section 143.089(g) shall be released to any
5-22 party to the action until a court of competent jurisdiction has
5-23 determined that the particular record is relevant to the action and
5-24 has issued an order setting out the limits on the use of, and
5-25 persons entitled to examine, such record, and providing for the
6-1 return of the record and any copies made. A department head who is
6-2 a party to the action, or the department head's representative, may
6-3 stipulate that the file or part of the file is relevant to the
6-4 action.
6-5 (e) Nothing in this section shall be construed to prevent a
6-6 fire fighter or police officer from having access to any personnel
6-7 record maintained by the department on the fire fighter or police
6-8 officer pursuant to Section 143.089.
6-9 SECTION 4. Subchapter B, Chapter 614, Government Code, is
6-10 amended by adding Section 614.024 to read as follows:
6-11 Sec. 614.024. RECORDS RELATED TO DISCIPLINARY ACTIONS,
6-12 COMPLAINTS OR CHARGES OF MISCONDUCT. (a) This section does not
6-13 apply to a municipality that has adopted Chapter 143, Local
6-14 Government Code.
6-15 (b) "Record" as used in this Section means any document,
6-16 written information, electronically recorded information, or
6-17 computerized file or information.
6-18 (c) The head of a state agency or the head of a fire or
6-19 police department shall promptly order that the records of a
6-20 disciplinary action taken against a fire fighter or police officer
6-21 be expunged from each record maintained on the fire fighter or
6-22 police officer by the department if the disciplinary action was
6-23 entirely overturned on appeal by an entity authorized to consider
6-24 the appeal or a court of competent jurisdiction. Records that must
6-25 be expunged under this subsection include all records that indicate
7-1 disciplinary action was recommended or taken against the fire
7-2 fighter or police officer, such as the recommendations of a
7-3 disciplinary committee or a letter of suspension. This subsection
7-4 does not apply if the fire fighter or police officer is charged
7-5 with using excessive force that resulted in a death or injury and
7-6 the charge is being investigated by a law enforcement or criminal
7-7 justice agency other than the department.
7-8 (d) The department or agency shall maintain records that
7-9 relate to a disciplinary action against a fire fighter or police
7-10 officer that was overturned on appeal, or any record in the
7-11 possession of the department that relates to a charge of misconduct
7-12 against a fire fighter or police officer, regardless of whether the
7-13 charge is sustained, only in a file created by the department for
7-14 the department's use. The department may only release those
7-15 records relating to a charge of misconduct:
7-16 (1) to another law enforcement agency or fire
7-17 department; or
7-18 (2) in accordance with subsection (e).
7-19 (e) The head of a department or agency or their designee may
7-20 forward a record that relates to disciplinary action against a fire
7-21 fighter or police officer to the custodian of personnel records for
7-22 the agency or department for inclusion in the fire fighter's or
7-23 police officer's personnel file only if:
7-24 (1) disciplinary action was actually taken against the
7-25 fire fighter or police officer;
8-1 (2) the record shows the disciplinary action taken;
8-2 and
8-3 (3) the record includes at least a brief summary of
8-4 the facts on which the disciplinary action was based.
8-5 SECTION 5. (a) This Act takes effect September 1, 1997.
8-6 (b) The change in law made by this act applies to records
8-7 that exist on the effective date of this Act and to records that
8-8 are made on or after the effective date of this Act.
8-9 SECTION 6. The importance of this legislation and the
8-10 crowded condition of the calendars in both houses create an
8-11 emergency and an imperative public necessity that the
8-12 constitutional rule requiring bills to be read on three several
8-13 days in each house be suspended, and this rule is hereby suspended.