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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of a photograph of a police officer and |
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access to records maintained by internal investigative divisions in |
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certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 143.1214, Local |
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Government Code, is amended to read as follows: |
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Sec. 143.1214. RECORDS RELATED TO DISCIPLINARY ACTIONS OR |
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CHARGES OF MISCONDUCT; PHOTOGRAPHS. |
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SECTION 2. Section 143.1214, Local Government Code, is |
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amended by amending Subsections (a) and (e) and adding Subsection |
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(f) to read as follows: |
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(a) The human resources director for the department |
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promptly shall order that the records of a disciplinary action that |
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was taken against a fire fighter or police officer be expunged from |
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each file maintained on the fire fighter or police officer by the |
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department if the disciplinary action was entirely overturned on |
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appeal by the commission, an independent third-party hearing |
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examiner, or a court of competent jurisdiction. Documents that |
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must be expunged under this subsection include all documents that |
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indicate disciplinary action was recommended or taken against the |
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fire fighter or police officer, such as the recommendations of a |
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disciplinary committee or a letter of suspension. This subsection |
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does not apply if the fire fighter or police officer is charged with |
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using excessive force that results in a death or injury and the |
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charge is being investigated by a law enforcement or criminal |
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justice agency other than the department. This subsection does not |
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require that records of an [the] internal affairs division or other |
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similar internal investigative division be expunged. |
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(e) The requirements of this section are in addition to the |
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requirements of Section 143.089. This section does not prevent a |
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fire fighter or police officer from obtaining access to any |
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personnel file maintained by the director or the department, other |
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than a file maintained by an [the] internal affairs division or |
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other similar internal investigative division, on the fire fighter |
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or police officer under Section 143.089. |
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(f) The department, commission, or municipality may not |
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release a photograph that depicts a police officer unless: |
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(1) the officer has been charged with an offense by |
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indictment or by information; |
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(2) the officer is a party in a civil service hearing |
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or a case before a hearing examiner or in arbitration; |
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(3) the photograph is introduced as evidence in a |
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judicial proceeding; or |
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(4) the officer gives written consent to the release |
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of the photograph. |
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SECTION 3. This Act takes effect September 1, 2011. |