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.
2-68 * * * * *