BILL ANALYSIS
By: Swinford
BACKGROUND AND PURPOSE
The Public Information Act, Section 552.119, Tex. Gov't Code, provides for the protection of peace officers from life-threatening harassment by excepting officer photographs from the public disclosure requirement where such disclosure would endanger the officer. Among the several exceptions to this peace officer exception to public disclosure is an officer who "is a party in a fire or police civil service hearing or case in arbitration." Section 552.119(a)(2). There has been confusion about whether subsection 552.119(a)(2) applies to civil service hearings other than those for fire and police. HB 1284 amends this subsection to encompass all civil service hearings.
The language referring to security guards in the Section 552.119, is removed because it was redundant. Security guards are already included in the definition of a "peace officer" in Code Crim. Pro., Art. 2.12(14).
RULEMAKING AUTHORITY
It is the opinion of the committee that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
Amends Section 552.119, Tex. Gov't Code, to remove separate references to security guards and clarifies the scope of "civil service hearing" by removing "police and fire," so it is clear that photographs of all peace officers taken at civil service hearings must be disclosed.
EFFECTIVE DATE
Immediately upon passage or September 1, 2005.