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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 AGAINST POLICE |
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OFFICER. (a) This section applies only to a municipality with a |
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population of more than two million. |
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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 municipality for at least five years after the |
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police officer's employment with the municipality ends. An abstract |
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of the complaint must be created and retained indefinitely once the |
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original complaint is destroyed. |
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(c) The complaint is not excepted from disclosure under a |
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discretionary exception provided by Chapter 552, 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 an agreement entered |
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into under this subchapter. |
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(e) This section does not prohibit the employing department |
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of the municipality from withholding information contained in the |
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complaint that is confidential under Section 552.117 or 552.1175, |
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Government Code. |
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(f) This section does not prohibit a person from asserting a |
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privacy interest in withholding the complaint. |
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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 AGAINST POLICE OFFICER |
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BY CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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municipality with a population of more than two million. |
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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 municipality for at least five years after the |
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police officer's employment with the municipality ends. An abstract |
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of the complaint must be created and retained indefinitely once the |
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original complaint is destroyed. |
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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 to which Section 143.364 or |
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174.009, Local Government Code, or Section 614.024 of this code |
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applies that is used by a law enforcement agency or prosecutor in |
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the 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 AGAINST PEACE OFFICER |
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BY CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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municipality with a population of more than two million. |
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(b) If a complaint alleges conduct by a peace officer |
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employed by a municipality constituting official oppression under |
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Section 39.03, Penal Code, the complaint must be retained on file by |
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the municipality for at least five years after the peace officer's |
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employment with the municipality ends. An abstract of the complaint |
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must be created and retained indefinitely once the original |
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complaint is destroyed. |
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(c) The complaint is not excepted from public disclosure |
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under a discretionary exception provided by Chapter 552. |
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SECTION 5. Sections 143.364(d) 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, 2021. |