HBA-JEK H.B. 2536 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2536 By: Maxey Urban Affairs 4/2/2001 Introduced BACKGROUND 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, House Bill 2536 defines a "disciplinary action" as any action by a police or fire department administered as punishment for violating a departmental rule or order. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2536 amends the Local Government Code to define "disciplinary action" as any action by a police or fire department administered as punishment for violating a departmental rule or order. EFFECTIVE DATE September 1, 2001.