77R11132 ATP-D
By Talton, Edwards, Bailey H.B. No. 2290
Substitute the following for H.B. No. 2290:
By Burnam C.S.H.B. No. 2290
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain nondisciplinary actions against certain police
1-3 officers and to the records of overturned disciplinary actions or
1-4 charges of misconduct against certain firefighters and police
1-5 officers.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 143.1214, Local Government Code, is
1-8 amended to read as follows:
1-9 Sec. 143.1214. RECORDS RELATED TO [OF OVERTURNED]
1-10 DISCIPLINARY ACTIONS [ACTION] OR CHARGES OF MISCONDUCT [UNSUSTAINED
1-11 COMPLAINT]. (a) The human resources director for the department
1-12 [head] promptly shall order that the records of a disciplinary
1-13 action that was taken against a fire fighter or police officer be
1-14 expunged from each file maintained on the fire fighter or police
1-15 officer by the department if the disciplinary action was entirely
1-16 overturned on appeal by the commission, an independent third-party
1-17 hearing examiner, or a court of competent jurisdiction. Documents
1-18 that must be expunged under this subsection include all documents
1-19 that indicate disciplinary action was recommended or taken against
1-20 the fire fighter or police officer, such as the recommendations of
1-21 a disciplinary committee or a letter of suspension. This
1-22 subsection does not apply [if the disciplinary action was only
1-23 reduced and not overturned nor shall this subsection apply] if the
1-24 fire fighter or police officer is charged with using excessive
2-1 force that results in a death or injury and the charge is being
2-2 investigated by a law enforcement or criminal justice agency other
2-3 than the department. This subsection does not require that records
2-4 of the internal affairs division be expunged.
2-5 (b) The department shall maintain an investigatory file
2-6 [document] that relates to a disciplinary action against a fire
2-7 fighter or police officer that was overturned on appeal, or any
2-8 document in the possession of the department that relates to a
2-9 charge of misconduct against a fire fighter or police officer,
2-10 regardless of whether the charge is sustained [that the department
2-11 did not sustain], only in a file created by the department for the
2-12 department's use. The department may only [not] release
2-13 information in those investigatory files or documents relating to a
2-14 charge of misconduct:
2-15 (1) to [any agency or other person except] another law
2-16 enforcement agency or fire department;
2-17 (2) to the office of a district or United States
2-18 attorney; or
2-19 (3) in accordance with Subsection (c) or (d).
2-20 (c) The department head or the department head's designee
2-21 may forward a document that relates to disciplinary action against
2-22 a fire fighter or police officer to the director or the director's
2-23 designee for inclusion in the fire fighter's or police officer's
2-24 personnel file maintained under Sections 143.089(a)-(f) only if:
2-25 (1) disciplinary action was actually taken against the
2-26 fire fighter or police officer;
2-27 (2) the document shows the disciplinary action taken;
3-1 and
3-2 (3) the document includes at least a brief summary of
3-3 the facts on which the disciplinary action was based.
3-4 (d) A file or a part of a file maintained under Section
3-5 143.089(g) may be released to a party in a civil or criminal action
3-6 only if the court has determined that the particular file or part
3-7 of the file is relevant to the action and only if an application
3-8 for a protective order limiting the use that may be made of the
3-9 file or part of the file has been filed with the court. Before
3-10 releasing the file or part of the file, the human resources
3-11 director for the department must find that an application for a
3-12 protective order limiting the use that may be made of the file or
3-13 part of the file has been filed with the court.
3-14 (e) The legal division of the municipality, or its designee,
3-15 shall provide legal representation in any action related to the
3-16 release of a file or part of a file under Subsection (d).
3-17 (f) The requirements of this section are in addition to the
3-18 requirements of Section 143.089. This section does not prevent a
3-19 fire fighter or police officer from obtaining access to any
3-20 personnel file maintained by the director or the department, other
3-21 than a file maintained by the internal affairs division, on the
3-22 fire fighter or police officer under Section 143.089.
3-23 SECTION 2. Subchapter G, Chapter 143, Local Government Code,
3-24 is amended by adding Section 143.1216 to read as follows:
3-25 Sec. 143.1216. CERTAIN NONDISCIPLINARY ACTIONS. (a) The
3-26 department may use a supervisory intervention procedure or a policy
3-27 and procedure inquiry to modify a police officer's behavior
4-1 through:
4-2 (1) positive encouragement;
4-3 (2) counseling;
4-4 (3) job skills training;
4-5 (4) repeat task performances, classes, or exercises;
4-6 or
4-7 (5) reeducation efforts, including a review of:
4-8 (A) general department orders;
4-9 (B) standard operating procedures; or
4-10 (C) lesson plans from a police officer training
4-11 academy.
4-12 (b) A supervisory intervention procedure or a policy and
4-13 procedure inquiry regarding a police officer is not considered a
4-14 disciplinary action for any purpose.
4-15 (c) A police officer who is the subject of a supervisory
4-16 intervention procedure or a policy and procedure inquiry may not
4-17 file an appeal or grievance regarding the action taken by the
4-18 department.
4-19 (d) The department may not include a record of a supervisory
4-20 intervention procedure or a policy and procedure inquiry regarding
4-21 a police officer in the police officer's personnel file maintained
4-22 under Section 143.089 or in the department file maintained under
4-23 Section 143.089(g).
4-24 (e) The department may include a record of a supervisory
4-25 intervention procedure or a policy and procedure inquiry regarding
4-26 a police officer in a file maintained by the division of the
4-27 department in which the police officer is employed. The record in
5-1 the division file may be considered in a periodic performance
5-2 evaluation of the police officer's performance only if the
5-3 supervisory intervention procedure or policy and procedure inquiry
5-4 occurred during the performance period that is the subject of the
5-5 performance evaluation.
5-6 (f) The department may maintain an electronic record of
5-7 supervisory intervention procedures or policy and procedure
5-8 inquiries that may be used only by the department for tracking and
5-9 statistical purposes.
5-10 SECTION 3. (a) This Act takes effect September 1, 2001.
5-11 (b) The change in law made by this Act applies to records
5-12 that exist on the effective date of this Act and to records that
5-13 are made on or after the effective date of this Act.