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