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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure restrictions on personnel files of |
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police officers of municipalities that have adopted certain civil |
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service laws. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 143.089(g), Local Government Code, is |
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amended to read as follows: |
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(g) A fire [or police] department may maintain a personnel |
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file on a fire fighter [or police officer] employed by the |
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department for the department's use, but the department may not |
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release any information contained in the department file to any |
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agency or person requesting information relating to a fire fighter |
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[or police officer]. The department shall refer to the director or |
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the director's designee a person or agency that requests |
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information that is maintained in the fire fighter's [or police
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officer's] personnel file. A police department may maintain a |
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personnel file on a police officer employed by the department for |
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the department's use. The information contained in the police |
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department file is public information subject to disclosure under |
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Chapter 552, Government Code, unless the information is made |
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confidential under that chapter or other law. |
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SECTION 2. Section 143.1214, Local Government Code, is |
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amended by amending Subsections (b), (c), and (e) and adding |
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Subsection (c-1) to read as follows: |
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(b) The department shall maintain an investigatory file |
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that relates to a disciplinary action against a fire fighter or |
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police officer that was overturned on appeal, or any document in the |
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possession of the department that relates to a charge of misconduct |
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against a fire fighter or police officer, regardless of whether the |
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charge is sustained, only in a file created by the department for |
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the department's use. The department may only release information |
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in those investigatory files or documents relating to a charge of |
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misconduct: |
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(1) to another law enforcement agency or fire |
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department; |
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(2) to the office of a district or United States |
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attorney; or |
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(3) in accordance with Subsection (c) or (c-1). |
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(c) The department head or the department head's designee |
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may forward a document that relates to disciplinary action against |
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a fire fighter [or police officer] to the director or the director's |
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designee for inclusion in the fire fighter's [or police officer's] |
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personnel file maintained under Sections 143.089(a)-(f) only if: |
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(1) disciplinary action was actually taken against the |
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fire fighter [or police officer]; |
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(2) the document shows the disciplinary action taken; |
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and |
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(3) the document includes at least a brief summary of |
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the facts on which the disciplinary action was based. |
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(c-1) The department head or the department head's designee |
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shall forward a document that relates to disciplinary action |
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against a police officer to the director or the director's designee |
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for inclusion in the police officer's personnel file maintained |
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under Sections 143.089(a)-(f). |
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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 internal affairs division or other |
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similar internal investigative division, on the fire fighter [or
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police officer] under Section 143.089. This section does not |
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prevent a police officer from obtaining access to any personnel |
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file maintained by the director or the department. A police officer |
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may obtain access to information that is subject to disclosure |
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under Chapter 552, Government Code, contained in a file maintained |
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by an internal affairs division or other similar internal |
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investigative division under Section 143.089. |
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SECTION 3. Section 143.1216(d), Local Government Code, is |
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amended to read as follows: |
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(d) The department shall [may not] include a record of a |
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supervisory intervention procedure or a policy and procedure |
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inquiry regarding a police officer in the police officer's |
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personnel file maintained under Section 143.089 and [or] in the |
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department file maintained under Section 143.089(g). |
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SECTION 4. This Act takes effect September 1, 2019. |