88R20196 MCK-F
 
  By: Moody, Burrows, Slawson, Metcalf, Turner, H.B. No. 30
      et al.
 
 
 
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
  adding Subsections (d), (e), and (f) to read as follows:
         (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 described by or depicted in the
  information, record, or notation, other than a peace officer, is
  deceased or incapacitated; or
               (2)  each person who is described by or depicted in 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
  police officer's alleged misconduct in the police officer's
  personnel file under Section 143.089, Local Government Code, if:
               (1)  a person who is described by or depicted in the
  letter, memorandum, or document, other than the police officer, is
  deceased or incapacitated; or
               (2)  each person who is described by or depicted in 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 described by or depicted in 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(g), Local Government Code, is
  amended 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
  for the department's use.  Except as provided by Subsection (h), 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 relating to a police officer's alleged misconduct in
  the police officer's personnel file, 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.
         SECTION 3.  Sections 552.108(d), (e), and (f), Government
  Code, as added by this Act, and Section 143.089(g), Local
  Government Code, as amended by this Act, apply to information,
  records, notations, letters, memoranda, and documents collected,
  made, assembled, or maintained before, on, or after the effective
  date of this Act.
         SECTION 4.  This Act takes effect September 1, 2023.