S.B. No. 545

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. Subsections (a) and (d), Section 1701.452, 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 after all appeals available to the agency head have been exhausted.

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. Subsections (b) and (c), Section 1701.4525, 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.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 545 passed the Senate on March 24, 2011, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 545 passed the House on May 20, 2011, by the following vote: Yeas 149, Nays 0, one present not voting.

______________________________ Chief Clerk of the House

Approved:

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Date

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Governor