By Maxey                                              H.B. No. 2536
         77R11914 ATP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to disciplinary action against certain police officers or
 1-3     firefighters.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 143.089, Local Government Code, is amended
 1-6     to read as follows:
 1-7           Sec. 143.089.  PERSONNEL FILE. (a)  In this section,
 1-8     "disciplinary action" includes any action administered by a fire or
 1-9     police department as a punishment for violating a departmental rule
1-10     or order.
1-11           (b)  The director or the director's designee shall maintain a
1-12     personnel file on each fire fighter and police officer.  The
1-13     personnel file must contain any letter, memorandum, or document
1-14     relating to:
1-15                 (1)  a commendation, congratulation, or honor bestowed
1-16     on the fire fighter or police officer by a member of the public or
1-17     by the employing department for an action, duty, or activity that
1-18     relates to the person's official duties;
1-19                 (2)  any misconduct by the fire fighter or police
1-20     officer if the letter, memorandum, or document is from the
1-21     employing department and if the misconduct resulted in disciplinary
1-22     action by the employing department in accordance with this chapter;
1-23     and
1-24                 (3)  the periodic evaluation of the fire fighter or
 2-1     police officer by a supervisor.
 2-2           (c) [(b)]  A letter, memorandum, or document relating to
 2-3     alleged misconduct by the fire fighter or police officer may not be
 2-4     placed in the person's personnel file if the employing department
 2-5     determines that there is insufficient evidence to sustain the
 2-6     charge of misconduct.
 2-7           (d) [(c)]  A letter, memorandum, or document relating to
 2-8     disciplinary action taken against the fire fighter or police
 2-9     officer or to alleged misconduct by the fire fighter or police
2-10     officer that is placed in the person's personnel file as provided
2-11     by Subsection (b)(2) [(a)(2)] shall be removed from the employee's
2-12     file if the commission finds that:
2-13                 (1)  the disciplinary action was taken without just
2-14     cause; or
2-15                 (2)  the charge of misconduct was not supported by
2-16     sufficient evidence.
2-17           (e) [(d)]  If a negative letter, memorandum, document, or
2-18     other notation of negative impact is included in a fire fighter's
2-19     or police officer's personnel file, the director or the director's
2-20     designee shall, within 30 days after the date of the inclusion,
2-21     notify the affected fire fighter or police officer.  The fire
2-22     fighter or police officer may, on or before the 15th day after the
2-23     date of receipt of the notification, file a written response to the
2-24     negative letter, memorandum, document, or other notation.
2-25           (f) [(e)]  The fire fighter or police officer is entitled, on
2-26     request, to a copy of any letter, memorandum, or document placed in
2-27     the person's personnel file.  The municipality may charge the fire
 3-1     fighter or police officer a reasonable fee not to exceed actual
 3-2     cost for any copies provided under this subsection.
 3-3           (g) [(f)]  The director or the director's designee may not
 3-4     release any information contained in a fire fighter's or police
 3-5     officer's personnel file without first obtaining the person's
 3-6     written permission, unless the release of the information is
 3-7     required by law.
 3-8           (h) [(g)]  A fire or police department may maintain a
 3-9     personnel file on a fire fighter or police officer employed by the
3-10     department for the department's use, but the department may not
3-11     release any information contained in the department file to any
3-12     agency or person requesting information relating to a fire fighter
3-13     or police officer.  The department shall refer to the director or
3-14     the director's designee a person or agency that requests
3-15     information that is maintained in the fire fighter's or police
3-16     officer's personnel file.
3-17           SECTION 2. This Act takes effect September 1, 2001.