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A BILL TO BE ENTITLED
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AN ACT
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relating to the personnel records of the employees of certain |
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sheriff's departments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. |
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Subchapter Z, Chapter 157, Local Government Code, is amended |
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by adding Section 157.905 to read as follows: |
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Sec. 157.905. PERSONNEL RECORDS OF CERTAIN SHERIFF'S |
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DEPARTMENTS. |
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(a) This section applies only to a sheriff's department in a |
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county with a population of more than 1.5 million in which more than |
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75% of the population lives in a single municipality. |
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(b) In this section, "department employee" means all |
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uniformed Deputy Sheriffs employed by the sheriff's department. |
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(c) In this section, "employee record" means any letter, |
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memorandum, or document maintained by the department that relates |
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to a department employee. |
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(d) The sheriff or the sheriff's designee shall maintain a |
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201 personnel file on each department employee. An employee's 201 |
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personnel file must contain any employee record relating to: |
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(1) a commendation, congratulation, or honor bestowed |
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on the employee by a member of the public or by the department for an |
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action, duty, or activity that relates to the employee's official |
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duties; |
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(2) any misconduct by the employee if the employee |
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record is made by the department and if the misconduct resulted in |
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disciplinary action by the department; and |
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(3) the periodic evaluation of the employee by a |
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supervisor. |
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(e) An employee record relating to alleged misconduct by an |
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employee may not be placed in the employee's 201 personnel file if |
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the department determines that there is insufficient evidence to |
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sustain the charge of misconduct. |
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(f) An employee record relating to disciplinary action |
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taken against an employee or to alleged misconduct by the employee |
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that is placed in the employee's 201 personnel file shall be removed |
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from the file if a court or an administrative body of competent |
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jurisdiction, including the sheriff's department civil service |
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commission, or Arbitrator, determines that: |
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(1) the disciplinary action was taken without just |
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cause; or |
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(2) the charge of misconduct was not supported by |
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sufficient evidence. |
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(g) A department employee is entitled, on request, to a copy |
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of any employee record placed in the employee's 201 personnel file. |
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The department may charge the employee a reasonable fee not to |
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exceed actual cost for copies provided under this subsection. |
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(h) The sheriff or the sheriff's designee may not release an |
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employee record or other information contained in an employee's 201 |
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personnel file without first obtaining the employee's written |
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permission, unless the release of the record or information is |
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required by law. |
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(i) The department may maintain a department file (field or |
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desk file) on a department employee for the department's use, but |
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the department may not release any information contained in the |
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department file to any agency or person requesting information |
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relating to a department employee. |
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SECTION 2. This action takes effect September 1, 2013. |