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A BILL TO BE ENTITLED
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AN ACT
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relating to the retention of and the required disclosure under the |
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public information law of certain complaints alleging official |
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oppression. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 143, Local Government |
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Code, is amended by adding Section 143.017 to read as follows: |
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Sec. 143.017. RETENTION OF COMPLAINT ALLEGING OFFICIAL |
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OPPRESSION. (a) A complaint filed against a fire fighter or |
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police officer alleging conduct by the fire fighter or police |
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officer constituting official oppression under Section 39.03, |
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Penal Code, must be retained by the employing department of the |
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municipality as long as the fire fighter or police officer remains |
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employed by the municipality. |
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(b) The complaint is public information and may not be |
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excepted from disclosure under Section 552.108, Government Code. |
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(c) This section prevails over: |
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(1) any other provision of law; and |
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(2) any conflicting provision in a collective |
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bargaining agreement entered into under this chapter. |
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SECTION 2. Subchapter A, Chapter 174, Local Government |
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Code, is amended by adding Section 174.009 to read as follows: |
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Sec. 174.009. RETENTION OF COMPLAINT ALLEGING OFFICIAL |
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OPPRESSION. (a) A complaint filed against a fire fighter or |
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police officer alleging conduct by the fire fighter or police |
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officer constituting official oppression under Section 39.03, |
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Penal Code, must be retained by the employing department of the |
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political subdivision as long as the fire fighter or police officer |
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remains employed by the political subdivision. |
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(b) The complaint is public information and may not be |
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excepted from disclosure under Section 552.108, Government Code. |
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(c) This section prevails over: |
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(1) any other provision of law; and |
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(2) any conflicting provision in a collective |
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bargaining agreement entered into under this chapter. |
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SECTION 3. Section 552.108(c), Government Code, is amended |
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to read as follows: |
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(c) This section does not: |
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(1) except from the requirements of Section 552.021 |
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information that is basic information about an arrested person, an |
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arrest, or a crime; or |
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(2) apply to a complaint described by Section 143.017 |
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or 174.009, Local Government Code, or by Section 614.024 of this |
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code that is used by a law enforcement agency or prosecutor in the |
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detection, investigation, or prosecution of a crime. |
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SECTION 4. Subchapter B, Chapter 614, Government Code, is |
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amended by adding Section 614.024 to read as follows: |
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Sec. 614.024. RETENTION OF COMPLAINT ALLEGING OFFICIAL |
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OPPRESSION. (a) If a complaint alleges conduct by a law |
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enforcement officer of this state or by a fire fighter, detention |
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officer, county jailer, or peace officer appointed or employed by a |
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political subdivision of this state constituting official |
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oppression under Section 39.03, Penal Code, the complaint must be |
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retained on file by the employing state agency or employing or |
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appointing department of the political subdivision as long as the |
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person remains employed by the state or employed or appointed by the |
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political subdivision. |
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(b) The complaint is public information and may not be |
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excepted from disclosure under Section 552.108. |
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SECTION 5. Sections 143.017 and 174.009, Local Government |
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Code, as added by this Act, apply only to a collective bargaining |
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agreement executed on or after the effective date of this Act. A |
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collective bargaining agreement executed before the effective date |
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of this Act is governed by the law as it existed on the date the |
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agreement was executed, and the former law is continued in effect |
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for that purpose. |
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SECTION 6. 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, 2013. |