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A BILL TO BE ENTITLED
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AN ACT
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relating to personnel records of a deputy sheriff in certain |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 157, Local Government |
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Code, is amended by adding Section 157.905 to read as follows: |
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Sec. 157.905. PERSONNEL RECORDS OF DEPUTY SHERIFF IN |
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CERTAIN COUNTIES. (a) This section applies only to a sheriff's |
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department in a county with a population of 300,000 or more. |
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(b) In this section, "personnel record" includes any |
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letter, memorandum, or document maintained by the sheriff's |
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department that relates to a deputy sheriff, including background |
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investigations, employment applications, employment contracts, |
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service and training records, requests for off-duty employment, |
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birth records, reference letters, letters of recommendation, |
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performance evaluations and counseling records, results of |
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physical tests, polygraph questionnaires and results, proficiency |
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tests, the results of health examinations and other medical |
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records, workers' compensation files, the results of psychological |
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examinations, leave requests, requests for transfers of shift or |
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duty assignments, commendations, promotional processes, demotions, |
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complaints and complaint investigations, employment-related |
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grievances, and school transcripts. |
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(c) The personnel records of a sheriff's deputy appointed |
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under Section 85.003 may not be disclosed or otherwise made |
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available to the public, except the sheriff's department shall |
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release, in accordance with Chapter 552, Government Code: |
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(1) any letter, memorandum, or document relating to: |
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(A) a commendation, congratulation, or honor |
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bestowed on the deputy for an action, duty, or activity that relates |
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to the deputy's official duties; and |
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(B) misconduct by the deputy, if the letter, |
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memorandum, or document resulted in disciplinary action; |
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(2) the application for employment submitted by the |
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deputy, but not including any attachments to the application; |
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(3) any reference letter submitted by the deputy; |
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(4) any letter of recommendation for the deputy; |
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(5) any employment contract with the deputy; |
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(6) any periodic evaluation of the deputy by a |
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supervisor; |
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(7) any document recording a promotion or demotion of |
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the deputy; |
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(8) any request for leave by the deputy; |
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(9) any request by the deputy for transfers of shift or |
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duty assignments; |
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(10) any documents presented and considered at a |
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public hearing under Chapter 158; |
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(11) the deputy's: |
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(A) name; |
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(B) age; |
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(C) dates of employment; |
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(D) positions held; and |
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(E) gross salary; and |
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(12) information about the location of the deputy's |
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department duty assignments. |
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(d) The sheriff's department may release any personnel |
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record of a deputy appointed under Section 85.003: |
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(1) pursuant to a subpoena or court order, including a |
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discovery order; |
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(2) for use by the sheriff's department in an |
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administrative hearing; or |
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(3) with the written authorization of the deputy who |
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is the subject of the record. |
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(e) A release of information under Subsection (d) does not |
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waive the right to assert in the future that the information is |
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excepted from required disclosure under this section or other law. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |