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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain law enforcement, corrections, and |
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prosecutorial records under the public information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.108, Government Code, is amended by |
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amending Subsection (c) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(c) This section does not except from the requirements of |
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Section 552.021: |
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(1) information that is basic information about an |
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arrested person, an arrest, [or] a crime, or a criminal |
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investigation; and |
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(2) basic information contained in: |
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(A) a search warrant; |
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(B) testimony, an affidavit, or other |
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information used to support a finding of probable cause to execute a |
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search warrant; |
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(C) an arrest warrant, an arrest report, an |
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incident report, or an accident report; |
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(D) a mug shot; |
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(E) a report relating to: |
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(i) an officer-involved shooting; or |
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(ii) an incident involving the discharge of |
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a firearm by a peace officer, including the unintentional discharge |
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of a firearm in the course of duty or in response to a call, |
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regardless of whether: |
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(a) a person is hit by gunfire; or |
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(b) an allegation of misconduct is |
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made; |
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(F) a report relating to a peace officer's use of |
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force resulting in death or serious bodily injury as defined by |
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Section 1.07, Penal Code; or |
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(G) a report related to the death or serious |
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bodily injury of an arrestee or detainee while the person is in the |
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custodial care of a law enforcement agency. |
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(d) The exceptions to disclosure provided by Subsections |
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(a)(2) and (b)(2) do not apply to information, records, or |
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notations if: |
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(1) a person who is a subject of the information, |
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record, or notation, other than a peace officer, is deceased or |
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incapacitated; or |
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(2) each person who is a subject of the information, |
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record, or notation consents to the release of the information, |
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record, or notation. |
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(e) This section does not except from the requirements of |
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Section 552.021 a letter, memorandum, or document regarding a peace |
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officer's alleged misconduct in the peace officer's personnel file |
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under Section 143.089, Local Government Code, if: |
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(1) a person who is a subject of the letter, |
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memorandum, or document, other than the peace officer, is deceased |
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or incapacitated; or |
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(2) each person who is a subject of the letter, |
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memorandum, or document consents to the release of the letter, |
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memorandum, or document. |
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(f) A governmental body that releases information, records, |
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or notations to a family member of a deceased or incapacitated |
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person who is a subject of the information, record, or notation is |
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not considered to have voluntarily made that information available |
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to the public for purposes of Section 552.007 and does not waive the |
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ability to assert in the future that the information is excepted |
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from required disclosure under this section or other law. |
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SECTION 2. Section 143.089, Local Government Code, is |
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amended by amending Subsection (g) and adding Subsection (h) to |
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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 department |
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to store sensitive personal information, including the |
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individual's home address, home telephone number, personal |
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cellular telephone number, emergency contact information, social |
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security number, personal financial information, information that |
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reveals whether the person has family members, and any other |
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personal information the disclosure of which would constitute a |
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clearly unwarranted invasion of personal privacy. The [for the |
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department's use, but the] department may not release any |
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information contained in the department file to any agency or |
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person requesting information relating to a fire fighter or police |
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officer, other than information in a police officer's personnel |
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file relating to a police officer's alleged misconduct, as |
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permitted by Section 552.108, Government Code. The department |
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shall refer to the director or the director's designee a person or |
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agency that requests information that is maintained in the fire |
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fighter's or police officer's personnel file. |
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(h) Notwithstanding any other law, a fire or police |
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department shall disclose law enforcement disciplinary record |
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information reasonably necessary to identify an allegation against |
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a fire fighter or police officer that resulted in a sustained |
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finding of misconduct, including: |
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(1) any record created in furtherance of a law |
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enforcement disciplinary proceeding; |
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(2) each complaint, allegation, and charge against the |
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employee; |
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(3) the name of the employee complained of or charged; |
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(4) the transcript of any disciplinary trial or |
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hearing, including any exhibit introduced at the trial or hearing; |
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(5) the disposition of any disciplinary proceeding; |
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and |
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(6) the final written opinion or memorandum supporting |
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the disposition and discipline imposed, including the agency's: |
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(A) complete factual findings; and |
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(B) analysis of the conduct and appropriate |
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discipline of the covered employee. |
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SECTION 3. The changes in law made by this Act apply to |
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information produced or maintained before, on, or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |