SRC-SEW H.B. 2536 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2536
77R11914 ATP-DBy: Maxey (Sponsor Unknown)
Intergovernmental Relations
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Current law provides that a fire or police department in a municipality
that has adopted the provisions for municipal civil service may maintain a
personnel file on each officer for the department's use. This police or
fire department personnel file is not subject to disclosure under the open
records law. However, a personnel file maintained by a municipality's civil
service director, which must contain any letter, memorandum, or document
relating to a sustained charge of misconduct that results in a disciplinary
action, is subject to disclosure under the open records law.  

In 2000, the attorney general issued an opinion that interpreted a
disciplinary action as a suspension, demotion, uncompensated duty, or
dismissal. So that public information disclosure requirements apply to
information in a personnel file maintained by a civil director regarding a
disciplinary action that is not a suspension, demotion, uncompensated duty,
or dismissal, H.B. 2536 defines "disciplinary action" to include any action
by a police or fire department administered as punishment for violating a
departmental rule or order.  


RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 143.089, Local Government Code, to define
"disciplinary action." Makes nonsubstantive and conforming changes.     
 
SECTION 2.  Effective date:  September 1, 2001.