By Talton                                             H.B. No. 2290
         77R6872 ATP-D                           
                                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.
 2-4           (b)  The department shall maintain an investigatory file
 2-5     [document] that relates to a disciplinary action against a fire
 2-6     fighter or police officer that was overturned on appeal, or any
 2-7     document in the possession of the department that relates to a
 2-8     charge of misconduct against a fire fighter or police officer,
 2-9     regardless of whether the charge is sustained [that the department
2-10     did not sustain], only in a file created by the department for the
2-11     department's use.  The department may only [not] release
2-12     information in those investigatory files or documents relating to a
2-13     charge of misconduct:
2-14                 (1)  to [any agency or other person except] another law
2-15     enforcement agency or fire department;
2-16                 (2)  to the office of a district or United States
2-17     attorney; or
2-18                 (3)  in accordance with Subsection (c) or (d).
2-19           (c)  The department head or the department head's designee
2-20     may forward a document that relates to disciplinary action against
2-21     a fire fighter or police officer to the director or the director's
2-22     designee for inclusion in the fire fighter's or police officer's
2-23     personnel file maintained under Sections 143.089(a)-(f) only if:
2-24                 (1)  disciplinary action was actually taken against the
2-25     fire fighter or police officer;
2-26                 (2)  the document shows the disciplinary action taken;
2-27     and
 3-1                 (3)  the document includes at least a brief summary of
 3-2     the facts on which the disciplinary action was based.
 3-3           (d)  A file or a part of a file maintained under Section
 3-4     143.089(g) may be released to a party in a civil or criminal action
 3-5     only if the court has determined that the particular file or part
 3-6     of the file is relevant to the action and only if an application
 3-7     for a protective order limiting the use that may be made of the
 3-8     file or part of the file has been filed with the court. Before
 3-9     releasing the file or part of the file, the human resources
3-10     director for the department must find that an application for a
3-11     protective order limiting the use that may be made of the file or
3-12     part of the file has been filed with the court.
3-13           (e)  The legal division of the municipality, or its designee,
3-14     shall provide legal representation in any action related to the
3-15     release of a file or part of a file under Subsection (d).
3-16           (f)  The requirements of this section are in addition to the
3-17     requirements of Section 143.089.  This section does not prevent a
3-18     fire fighter or police officer from obtaining access to any
3-19     personnel file maintained by the director or the department on the
3-20     fire fighter or police officer under Section 143.089.
3-21           SECTION 2.  Subchapter G, Chapter 143, Local Government Code,
3-22     is amended by adding Section 143.1216 to read as follows:
3-23           Sec. 143.1216.  CERTAIN NONDISCIPLINARY ACTIONS.  (a)  The
3-24     department may use a supervisory intervention procedure or a policy
3-25     and procedure inquiry to modify a police officer's behavior
3-26     through:
3-27                 (1)  positive encouragement;
 4-1                 (2)  counseling;
 4-2                 (3)  job skills training;
 4-3                 (4)  repeat task performances, classes, or exercises;
 4-4     or
 4-5                 (5)  reeducation efforts, including a review of:
 4-6                       (A)  general department orders;
 4-7                       (B)  standard operating procedures; or
 4-8                       (C)  lesson plans from a police officer training
 4-9     academy.
4-10           (b)  A supervisory intervention procedure or a policy and
4-11     procedure inquiry regarding a police officer is not considered a
4-12     disciplinary action for any purpose.
4-13           (c)  A police officer who is the subject of a supervisory
4-14     intervention procedure or a policy and procedure inquiry may not
4-15     file an appeal or grievance regarding the action taken by the
4-16     department.
4-17           (d)  The department may not include a record of a supervisory
4-18     intervention procedure or a policy and procedure inquiry regarding
4-19     a police officer in the police officer's personnel file maintained
4-20     under Section 143.089 or in the department file maintained under
4-21     Section 143.089(g).
4-22           (e)  The department may include a record of a supervisory
4-23     intervention procedure or a policy and procedure inquiry regarding
4-24     a police officer in a file maintained by the division of the
4-25     department in which the police officer is employed.  The record in
4-26     the division file may be considered in a periodic performance
4-27     evaluation of the police officer's performance only if the
 5-1     supervisory intervention procedure or policy and procedure inquiry
 5-2     occurred during the performance period that is the subject of the
 5-3     performance evaluation.
 5-4           (f)  The department may maintain an electronic record of
 5-5     supervisory intervention procedures or policy and procedure
 5-6     inquiries that may be used only by the department for tracking and
 5-7     statistical purposes.
 5-8           SECTION 3.  (a)  This Act takes effect September 1, 2001.
 5-9           (b)  The change in law made by this Act applies to records
5-10     that exist on the effective date of this Act and to records that
5-11     are made on or after the effective date of this Act.