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A BILL TO BE ENTITLED
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AN ACT
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relating to access to information regarding a firefighter or police |
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officer under the municipal civil service law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 143.010, Local Government Code, is |
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amended by adding Subsections (c-1) and (c-2) to read as follows: |
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(c-1) The following information relating to a hearing, |
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review, or appeal is privileged and confidential, regardless of |
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whether the person representing the fire fighter or police officer |
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under Subsection (c) is an attorney: |
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(1) the communications, including conversations, |
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correspondence, and electronic communications, between a fire |
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fighter or police officer and the person representing the fire |
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fighter or police officer under Subsection (c); and |
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(2) the work product of the person representing the |
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fire fighter or police officer under Subsection (c). |
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(c-2) Information described by Subsection (c-1): |
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(1) is not subject to discovery, subpoena, or other |
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means of legal compulsion for its release; |
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(2) is not subject to disclosure under Chapter 552, |
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Government Code; and |
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(3) may not be disclosed to another person, including |
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a party to a hearing, appeal, or review, without the permission of |
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the fire fighter or the police officer. |
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SECTION 2. Section 143.089, Local Government Code, is |
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amended by amending Subsection (g) and adding Subsections (h) and |
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(i) to read as follows: |
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(g) A fire or police department may maintain a department |
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[personnel] file on a fire fighter or police officer employed by the |
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department for the department's use. Except as provided by |
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Subsection (i), [but] the department may not release any |
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information contained in the department file to any agency or |
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person requesting information relating to a fire fighter or police |
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officer. |
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(h) The department shall refer to the director or the |
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director's designee a person or agency that requests information |
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that is maintained about a fire fighter or police officer. Any |
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release of information in the fire fighter's or police officer's |
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personnel file is governed by Subsection (f). Any release of |
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information in the fire fighter's or police officer's department |
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file is governed by Subsections (g) and (i). |
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(i) A fire fighter or police officer is entitled to view the |
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contents of the person's department file maintained under |
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Subsection (g) and is entitled, on request, to a copy of any |
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document in the person's department file. |
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SECTION 3. (a) Sections 143.010(c-1) and (c-2), Local |
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Government Code, as added by this Act, apply to a release or |
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disclosure of information on or after the effective date of this |
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Act. A release or disclosure of information before the effective |
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date of this Act is governed by the law in effect on the date of the |
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release or disclosure, and the former law is continued in effect for |
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that purpose. |
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(b) The changes in law made by this Act to Section 143.089, |
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Local Government Code, apply to a request to view or obtain a copy |
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of information made on or after the effective date of this Act. |
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Section 143.089(i), Local Government Code, as added by this Act, |
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applies to the entire contents of a department file regardless of |
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the date on which a document or other information was placed in the |
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department file. |
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SECTION 4. 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. |