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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of information in department files of |
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fire fighters or police officers and civilian oversight boards in |
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certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 143.003, Local Government Code, is |
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amended by amending Subdivision (1) and adding Subdivision (1-a) to |
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read as follows: |
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(1) "Civilian oversight board" means a board or office |
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established by a municipality to practice oversight, monitoring, or |
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investigations of fire fighters or police officers or departments |
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by members of the public who are not fire fighters or police |
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officers. |
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(1-a) "Commission" means the Fire Fighters' and Police |
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Officers' Civil Service Commission. |
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SECTION 2. Subchapter A, Chapter 143, Local Government |
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Code, is amended by adding Section 143.017 to read as follows: |
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Sec. 143.017. INVESTIGATION BY CIVILIAN OVERSIGHT BOARD |
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PROHIBITED. An investigation under this chapter may not be |
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performed by a civilian oversight board. |
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SECTION 3. Sections 143.089(b) and (f), Local Government |
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Code, are amended to read as follows: |
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(b) A letter, memorandum, or document relating to alleged |
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misconduct by the fire fighter or police officer: |
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(1) may not be placed in the person's personnel file if |
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the employing department determines that there is insufficient |
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evidence to sustain the charge of misconduct; and |
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(2) except as provided by Section 1701.451, |
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Occupations Code, may not be released to any agency or person |
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requesting the letter, memorandum, or document if there is a |
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pending investigation into the alleged misconduct. |
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(f) The director or the director's designee may not release |
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any information contained in a fire fighter's or police officer's |
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personnel file without first obtaining the person's written |
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permission, unless the release of the information is required by |
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law or for a law enforcement purpose. |
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SECTION 4. Subchapter F, Chapter 143, Local Government |
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Code, is amended by adding Sections 143.091 and 143.092 to read as |
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follows: |
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Sec. 143.091. MUTUAL AGREEMENT SUPERSEDES CERTAIN |
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MUNICIPAL LAW. For a municipality with a collective bargaining |
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agreement or a meet-and-confer agreement with the municipality's |
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fire department or police department, the agreement supersedes an |
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ordinance, executive order, or rule adopted by the municipality. |
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Sec. 143.092. ELIGIBILITY FOR CIVILIAN OVERSIGHT BOARD. A |
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person is not eligible to serve on a civilian oversight board if the |
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person has been: |
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(1) convicted of or placed on deferred adjudication |
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community supervision for a felony offense; or |
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(2) convicted of a crime of moral turpitude. |
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SECTION 5. Section 143.091, Local Government Code, as added |
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by this Act, applies to a collective bargaining agreement or a |
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meet-and-confer agreement that was in effect on or after January 1, |
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2023. |
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SECTION 6. This Act takes effect September 1, 2023. |