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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 J, Chapter 143, Local Government |
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Code, is amended by adding Section 143.364 to read as follows: |
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Sec. 143.364. RETENTION OF COMPLAINT. (a) A complaint |
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filed against a police officer alleging conduct by the 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 police officer remains employed by the |
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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 an agreement entered |
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into under this subchapter. |
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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 BY CERTAIN |
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MUNICIPALITIES. (a) This section applies only to a municipality |
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with a population of two million or more. |
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(b) A complaint filed against a police officer alleging |
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conduct by the police officer constituting official oppression |
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under Section 39.03, Penal Code, must be retained by the employing |
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department of the political subdivision as long as the police |
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officer remains employed by the political subdivision. |
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(c) 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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(d) 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 143.364 |
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or 174.009, Local Government Code, or Section 614.024 of this code |
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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 BY CERTAIN |
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MUNICIPALITIES. (a) If a complaint alleges conduct by a police |
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officer employed by a municipality with a population of two million |
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or more constituting official oppression under Section 39.03, Penal |
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Code, the complaint must be retained on file by the municipality as |
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long as the police officer remains 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. |
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SECTION 5. Sections 143.364(c) and 174.009(d), Local |
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Government Code, as added by this Act, apply only to a contract |
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executed on or after the effective date of this Act. A contract |
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executed before the effective date of this Act is governed by the |
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law as it existed on the date the contract was executed, and the |
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former law is continued in effect 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. |