1-1     By:  Gallegos                                         S.B. No. 1540
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 12, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 4, Nays 0;
 1-6     April 12, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1540                   By:  Ellis
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to certain nondisciplinary actions and to the records of
1-11     overturned disciplinary actions or charges of misconduct against
1-12     certain police officers and fire fighters.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 143.1214, Local Government Code, is
1-15     amended to read as follows:
1-16           Sec. 143.1214.  RECORDS RELATED TO [OF OVERTURNED]
1-17     DISCIPLINARY ACTIONS [ACTION] OR CHARGES OF MISCONDUCT [UNSUSTAINED
1-18     COMPLAINT].  (a)  The human resources director for the department
1-19     [head] promptly shall order that the records of a disciplinary
1-20     action that was taken against a [fire fighter or] police officer be
1-21     expunged from each file maintained on the [fire fighter or] police
1-22     officer by the department if the disciplinary action was entirely
1-23     overturned on appeal by the commission, an independent third-party
1-24     hearing examiner, or a court of competent jurisdiction.  Documents
1-25     that must be expunged under this subsection include all documents
1-26     that indicate disciplinary action was recommended or taken against
1-27     the [fire fighter or] police officer, such as the recommendations
1-28     of a disciplinary committee or a letter of suspension.  This
1-29     subsection does not apply [if the disciplinary action was only
1-30     reduced and not overturned nor shall this subsection apply] if the
1-31     [fire fighter or] police officer is charged with using excessive
1-32     force that results in a death or injury and the charge is being
1-33     investigated by a law enforcement or criminal justice agency other
1-34     than the department.  Nothing contained herein shall require that
1-35     the internal affairs division records be expunged under any
1-36     circumstances.
1-37           (b)  The department shall maintain an investigatory file
1-38     [document] that relates to a disciplinary action against a [fire
1-39     fighter or] police officer that was overturned on appeal, or any
1-40     document in the possession of the department that relates to a
1-41     charge of misconduct against a [fire fighter or] police officer,
1-42     regardless of whether the charge is sustained [that the department
1-43     did not sustain], only in a file created by the department for the
1-44     department's use.  The department may only [not] release
1-45     information in those investigatory files or documents relating to a
1-46     charge of misconduct:
1-47                 (1)  to [any agency or other person except] another law
1-48     enforcement agency or fire department;
1-49                 (2)  to the office of a district or United States
1-50     attorney; or
1-51                 (3)  in accordance with Subsection (c) or (d).
1-52           (c)  The department head or the department head's designee
1-53     may forward a document that relates to disciplinary action against
1-54     a police officer to the director or the director's designee for
1-55     inclusion in the police officer's personnel file maintained under
1-56     Sections 143.089(a)-(f) only if:
1-57                 (1)  disciplinary action was actually taken against the
1-58     police officer;
1-59                 (2)  the document shows the disciplinary action taken;
1-60     and
1-61                 (3)  the document includes at least a brief summary of
1-62     the facts on which the disciplinary action was based.
1-63           (d)  A file or a part of a file maintained under Section
1-64     143.089(g) may be released to a party in a civil or criminal action
 2-1     only if the court has determined that the particular file or part
 2-2     of the file is relevant to the action and only if an application
 2-3     for a protective order limiting the use that may be made of the
 2-4     file or part of the file has been filed with the court.  Before
 2-5     releasing the file or part of the file, the human resources
 2-6     director for the department must find that an application for a
 2-7     protective order limiting the use that may be made of the file or
 2-8     part of the file has been filed with the court.
 2-9           (e)  The legal division of the municipality, or its designee,
2-10     shall provide legal representation in any action related to the
2-11     release of a file or part of a file under Subsection (d).
2-12           (f)  The requirements of this section are in addition to the
2-13     requirements of Section 143.089.  With the exception of the
2-14     internal affairs division files, this section does not prevent a
2-15     police officer from obtaining access to any personnel file
2-16     maintained by the director or the department on the police officer
2-17     under Section 143.089.
2-18           SECTION 2.  Subchapter G, Chapter 143, Local Government Code,
2-19     is amended by adding Section 143.1216 to read as follows:
2-20           Sec. 143.1216.  CERTAIN NONDISCIPLINARY ACTIONS.  (a)  The
2-21     department may use a supervisory intervention procedure or a policy
2-22     and procedure inquiry to modify a police officer's behavior
2-23     through:
2-24                 (1)  positive encouragement;
2-25                 (2)  counseling;
2-26                 (3)  job skills training;
2-27                 (4)  repeat task performances, classes, or exercises;
2-28     or
2-29                 (5)  reeducation efforts, including a review of:
2-30                       (A)  general department orders;
2-31                       (B)  standard operating procedures; or
2-32                       (C)  lesson plans from a police officer training
2-33     academy.
2-34           (b)  A supervisory intervention procedure or a policy and
2-35     procedure inquiry regarding a police officer is not considered a
2-36     disciplinary action for any purpose.
2-37           (c)  A police officer who is the subject of a supervisory
2-38     intervention procedure or a policy and procedure inquiry may not
2-39     file an appeal or grievance regarding the action taken by the
2-40     department.
2-41           (d)  The department may not include a record of a supervisory
2-42     intervention procedure or a policy and procedure inquiry regarding
2-43     a police officer in the police officer's personnel file maintained
2-44     under Section 143.089 or in the department file maintained under
2-45     Section 143.089(g).
2-46           (e)  The department may include a record of a supervisory
2-47     intervention procedure or a policy and procedure inquiry regarding
2-48     a police officer in a file maintained by the division of the
2-49     department in which the police officer is employed.  The record in
2-50     the division file may be considered in a periodic performance
2-51     evaluation of the police officer's performance only if the
2-52     supervisory intervention procedure or policy and procedure inquiry
2-53     occurred during the performance period that is the subject of the
2-54     performance evaluation.
2-55           (f)  The department may maintain an electronic record of
2-56     supervisory intervention procedures or policy and procedure
2-57     inquiries that may be used only by the department for tracking and
2-58     statistical purposes.
2-59           SECTION 3.  (a)  This Act takes effect September 1, 1999.
2-60           (b)  The change in law made by this Act applies to records
2-61     that exist on the effective date of this Act and to records that
2-62     are made on or after the effective date of this Act.
2-63           SECTION 4.  The importance of this legislation and the
2-64     crowded condition of the calendars in both houses create an
2-65     emergency and an imperative public necessity that the
2-66     constitutional rule requiring bills to be read on three several
2-67     days in each house be suspended, and this rule is hereby suspended.
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