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.