By Gallegos S.B. No. 1540
76R7052 KLA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain nondisciplinary actions and to the records of
1-3 overturned disciplinary actions or charges of misconduct against
1-4 certain fire fighters and police officers.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 143.1214, Local Government Code, is
1-7 amended to read as follows:
1-8 Sec. 143.1214. RECORDS RELATED TO [OF OVERTURNED]
1-9 DISCIPLINARY ACTIONS [ACTION] OR CHARGES OF MISCONDUCT [UNSUSTAINED
1-10 COMPLAINT]. (a) The human resources director for the department
1-11 [head] promptly shall order that the records of a disciplinary
1-12 action that was taken against a fire fighter or police officer be
1-13 expunged from each file maintained on the fire fighter or police
1-14 officer by the department if the disciplinary action was entirely
1-15 overturned on appeal by the commission, an independent third-party
1-16 hearing examiner, or a court of competent jurisdiction. Documents
1-17 that must be expunged under this subsection include all documents
1-18 that indicate disciplinary action was recommended or taken against
1-19 the fire fighter or police officer, such as the recommendations of
1-20 a disciplinary committee or a letter of suspension. This
1-21 subsection does not apply [if the disciplinary action was only
1-22 reduced and not overturned nor shall this subsection apply] if the
1-23 fire fighter or police officer is charged with using excessive
1-24 force that results in a death or injury and the charge is being
2-1 investigated by a law enforcement or criminal justice agency other
2-2 than the department.
2-3 (b) The department shall maintain an investigatory file
2-4 [document] that relates to a disciplinary action against a fire
2-5 fighter or police officer that was overturned on appeal, or any
2-6 document in the possession of the department that relates to a
2-7 charge of misconduct against a fire fighter or police officer,
2-8 regardless of whether the charge is sustained [that the department
2-9 did not sustain], only in a file created by the department for the
2-10 department's use. The department may only [not] release
2-11 information in those investigatory files or documents relating to a
2-12 charge of misconduct:
2-13 (1) to [any agency or other person except] another law
2-14 enforcement agency or fire department;
2-15 (2) to the office of a district or United States
2-16 attorney; or
2-17 (3) in accordance with Subsection (c) or (d).
2-18 (c) The department head or the department head's designee
2-19 may forward a document that relates to disciplinary action against
2-20 a fire fighter or police officer to the director or the director's
2-21 designee for inclusion in the fire fighter's or police officer's
2-22 personnel file maintained under Sections 143.089(a)-(f) only if:
2-23 (1) disciplinary action was actually taken against the
2-24 fire fighter or police officer;
2-25 (2) the document shows the disciplinary action taken;
2-26 and
2-27 (3) the document includes at least a brief summary of
3-1 the facts on which the disciplinary action was based.
3-2 (d) A file or a part of a file maintained under Section
3-3 143.089(g) may be released to a party in a civil or criminal action
3-4 only if the court has determined that the particular file or part
3-5 of the file is relevant to the action and only if an application
3-6 for a protective order limiting the use that may be made of the
3-7 file or part of the file has been filed with the court. Before
3-8 releasing the file or part of the file, the human resources
3-9 director for the department must find that an application for a
3-10 protective order limiting the use that may be made of the file or
3-11 part of the file has been filed with the court.
3-12 (e) The legal division of the municipality, or its designee,
3-13 shall provide legal representation in any action related to the
3-14 release of a file or part of a file under Subsection (d).
3-15 (f) The requirements of this section are in addition to the
3-16 requirements of Section 143.089. This section does not prevent a
3-17 fire fighter or police officer from obtaining access to any
3-18 personnel file maintained by the director or the department on the
3-19 fire fighter or police officer under Section 143.089.
3-20 SECTION 2. Subchapter G, Chapter 143, Local Government Code,
3-21 is amended by adding Section 143.1216 to read as follows:
3-22 Sec. 143.1216. CERTAIN NONDISCIPLINARY ACTIONS. (a) The
3-23 department may use a supervisory intervention procedure or a policy
3-24 and procedure inquiry to modify a fire fighter's or police
3-25 officer's behavior through:
3-26 (1) positive encouragement;
3-27 (2) counseling;
4-1 (3) job skills training;
4-2 (4) repeat task performances, classes, or exercises;
4-3 or
4-4 (5) reeducation efforts, including a review of:
4-5 (A) general department orders;
4-6 (B) standard operating procedures; or
4-7 (C) lesson plans from a fire fighter or police
4-8 officer training academy.
4-9 (b) A supervisory intervention procedure or a policy and
4-10 procedure inquiry regarding a fire fighter or police officer is not
4-11 considered a disciplinary action for any purpose.
4-12 (c) A fire fighter or police officer who is the subject of a
4-13 supervisory intervention procedure or a policy and procedure
4-14 inquiry may not file an appeal or grievance reqarding the action
4-15 taken by the department.
4-16 (d) The department may not include a record of a supervisory
4-17 intervention procedure or a policy and procedure inquiry regarding
4-18 a fire fighter or police officer in the fire fighter's or police
4-19 officer's personnel file maintained under Section 143.089 or in the
4-20 department file maintained under Section 143.089(g).
4-21 (e) The department may include a record of a supervisory
4-22 intervention procedure or a policy and procedure inquiry regarding
4-23 a fire fighter or police officer in a file maintained by the
4-24 division of the department in which the fire fighter or police
4-25 officer is employed. The record in the division file may be
4-26 considered in a periodic performance evaluation of the fire
4-27 fighter's or police officer's performance only if the supervisory
5-1 intervention procedure or policy and procedure inquiry occurred
5-2 during the performance period that is the subject of the
5-3 performance evaluation.
5-4 (f) The department may maintain an electronic record of
5-5 supervisory intervention procedures or policy and procedure
5-6 inquiries that may be used only by the department for tracking and
5-7 statistical purposes.
5-8 SECTION 3. (a) This Act takes effect September 1, 1999.
5-9 (b) The change in law made by this Act applies to records
5-10 that exist on the effective date of this Act and to records that
5-11 are made on or after the effective date of this Act.
5-12 SECTION 4. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended, and this rule is hereby suspended.