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