| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the retention of and the required disclosure under the |
|
|
public information law of certain complaints alleging official |
|
|
oppression. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 143, Local Government |
|
|
Code, is amended by adding Section 143.017 to read as follows: |
|
|
Sec. 143.017. RETENTION OF COMPLAINT. (a) A complaint |
|
|
filed against a fire fighter or police officer alleging conduct by |
|
|
the fire fighter or police officer constituting official oppression |
|
|
under Section 39.03, Penal Code, must be retained by the employing |
|
|
department of the municipality as long as the fire fighter or police |
|
|
officer remains employed by the municipality. |
|
|
(b) The complaint is public information and may not be |
|
|
excepted from disclosure under Section 552.108, Government Code. |
|
|
(c) This section prevails over: |
|
|
(1) any other provision of law; and |
|
|
(2) any conflicting provision in a collective |
|
|
bargaining agreement entered into under this chapter. |
|
|
SECTION 2. Subchapter A, Chapter 174, Local Government |
|
|
Code, is amended by adding Section 174.009 to read as follows: |
|
|
Sec. 174.009. RETENTION OF COMPLAINT. (a) A complaint |
|
|
filed against a fire fighter or police officer alleging conduct by |
|
|
the fire fighter or police officer constituting official oppression |
|
|
under Section 39.03, Penal Code, must be retained by the employing |
|
|
department of the political subdivision as long as the fire fighter |
|
|
or police officer remains employed by the political subdivision. |
|
|
(b) The complaint is public information and may not be |
|
|
excepted from disclosure under Section 552.108, Government Code. |
|
|
(c) This section prevails over: |
|
|
(1) any other provision of law; and |
|
|
(2) any conflicting provision in a collective |
|
|
bargaining agreement entered into under this chapter. |
|
|
SECTION 3. Section 552.108(c), Government Code, is amended |
|
|
to read as follows: |
|
|
(c) This section does not: |
|
|
(1) except from the requirements of Section 552.021 |
|
|
information that is basic information about an arrested person, an |
|
|
arrest, or a crime; or |
|
|
(2) apply to a complaint described by Section 143.017 |
|
|
or 174.009, Local Government Code, or Section 614.024 of this code |
|
|
that is used by a law enforcement agency or prosecutor in the |
|
|
detection, investigation, or prosecution of a crime. |
|
|
SECTION 4. Subchapter B, Chapter 614, Government Code, is |
|
|
amended by adding Section 614.024 to read as follows: |
|
|
Sec. 614.024. RETENTION OF COMPLAINT. (a) If a complaint |
|
|
alleges conduct by a law enforcement officer of this state or a fire |
|
|
fighter, detention officer, county jailer, or peace officer |
|
|
appointed or employed by a political subdivision of this state |
|
|
constituting official oppression under Section 39.03, Penal Code, |
|
|
the complaint must be retained on file by the employing state agency |
|
|
or employing or appointing department of the political subdivision |
|
|
as long as the person remains employed by the state or employed or |
|
|
appointed by the political subdivision. |
|
|
(b) The complaint is public information and may not be |
|
|
excepted from disclosure under Section 552.108. |
|
|
SECTION 5. Sections 143.017 and 174.009, Local Government |
|
|
Code, as added by this Act, apply only to a contract executed on or |
|
|
after the effective date of this Act. A contract executed before |
|
|
the effective date of this Act is governed by the law as it existed |
|
|
on the date the contract was executed, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 6. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2011. |