82R4456 EES-F
 
  By: Driver H.B. No. 520
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to employment records for law enforcement officers,
  including procedures to correct employment termination reports;
  providing an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 1701.452(a) and (d), Occupations Code,
  are amended to read as follows:
         (a)  The head of a law enforcement agency or the head's
  designee shall submit a report to the commission on a form
  prescribed by the commission regarding a person licensed under this
  chapter who resigns or retires from employment with the law
  enforcement agency, whose appointment with the law enforcement
  agency is terminated, or who separates from the law enforcement
  agency for any other reason. The report must be submitted by the
  head or the designee not later than the seventh business day after
  the date the license holder:
               (1)  resigns, retires, is terminated, or separates from
  the agency; and [or]
               (2)  exhausts all administrative appeals available to
  the license holder, if applicable [if the license holder was
  terminated based on an allegation of misconduct].
         (d)  The head of the law enforcement agency from which a
  license holder resigns, retires, is terminated, or separates for
  reasons other than death, or the head's designee, shall provide to
  the license holder a copy of the report. The report must be
  provided to the license holder not later than the seventh business
  day after the date the license holder:
               (1)  resigns, retires, is terminated, or separates from
  the agency; and [or]
               (2)  exhausts all administrative appeals available to
  the license holder, if applicable [if the license holder was
  terminated based on an allegation of misconduct].
         SECTION 2.  The heading to Section 1701.4525, Occupations
  Code, is amended to read as follows:
         Sec. 1701.4525.  PETITION [REQUEST] FOR CORRECTION OF
  REPORT; HEARING; ADMINISTRATIVE PENALTY[; HEARING; APPEAL].
         SECTION 3.  Section 1701.4525, Occupations Code, is amended
  by amending Subsections (a), (d), and (e) and adding Subsection
  (e-1) to read as follows:
         (a)  A person who is the subject of an employment termination
  report maintained by the commission under this subchapter may
  contest information contained in the report by submitting to the
  law enforcement agency and to the commission a written petition on a
  form prescribed by the commission [request] for a correction of the
  report [and any evidence contesting the information contained in
  the report] not later than the 30th day after the date the person
  receives a copy of the report. On receipt of the petition, the
  commission shall refer the petition to the State Office of
  Administrative Hearings. [The commission shall allow the head of
  the law enforcement agency to submit to the commission any evidence
  rebutting the evidence submitted by the person who is the subject of
  the report.]
         (d)  A proceeding [under Subsection (b)] to contest
  information in [the commission's order or under Subsection (c) to
  correct] an employment termination report is a contested case under
  Chapter 2001, Government Code.
         (e)  In a proceeding [under Subsection (b)] to contest
  information in [the commission's order or under Subsection (c) to
  correct] an employment termination report for a [an order or]
  report based on alleged misconduct, an administrative law judge
  shall determine if the alleged misconduct occurred by a
  preponderance of the evidence regardless of whether the person who
  is the subject of the report was terminated or the person resigned,
  retired, or separated in lieu of termination. If the alleged
  misconduct is not supported by a preponderance of the evidence, the
  administrative law judge shall order the report to be changed.
         (e-1)  The commission may assess an administrative penalty
  against an agency head who fails to make a correction to an
  employment termination report following an order by the State
  Office of Administrative Hearings.
         SECTION 4.  Section 1701.454, Occupations Code, is amended
  to read as follows:
         Sec. 1701.454.  CONFIDENTIALITY. (a) All information [A
  report or statement] submitted to the commission under this
  subchapter is confidential and is not subject to disclosure under
  Chapter 552, Government Code[, unless the person resigned or was
  terminated due to substantiated incidents of excessive force or
  violations of the law other than traffic offenses].
         (b)  Except as provided by this subchapter, a commission
  member or other person may not release information [the contents of
  a report or statement] submitted under this subchapter.
         SECTION 5.  Section 1701.455, Occupations Code, is amended
  to read as follows:
         Sec. 1701.455.  SUBPOENA. Information [A report or
  statement] submitted to the commission under this subchapter is
  subject to subpoena only in a judicial proceeding.
         SECTION 6.  Sections 1701.4525(b) and (c), Occupations Code,
  are repealed.
         SECTION 7.  (a) The changes in law made by this Act to
  Section 1701.452, Occupations Code, apply only to a license holder
  who resigns, retires, is terminated, or separates from a law
  enforcement agency on or after the effective date of this Act. A
  license holder who resigns, retires, is terminated, or separates
  from a law enforcement agency before the effective date of this Act
  is governed by the law in effect on the date of the resignation,
  retirement, termination, or separation, and the former law is
  continued in effect for that purpose.
         (b)  The changes in law made by this Act to Section
  1701.4525, Occupations Code, apply only to a petition for a
  correction of an employment termination report submitted on or
  after the effective date of this Act. A request submitted before
  the effective date of this Act is governed by the law in effect on
  the date the request was submitted, and the former law is continued
  in effect for that purpose.
         SECTION 8.  This Act takes effect September 1, 2011.