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A BILL TO BE ENTITLED
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AN ACT
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relating to certain files maintained by a law enforcement agency |
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regarding certain employees of the agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter J, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.45351 to read as follows: |
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Sec. 1701.45351. DEPARTMENT FILE. (a) In this section, |
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"department file" means a file a law enforcement agency maintains |
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for agency use for each license holder the agency employs. |
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(b) The head of a law enforcement agency or the head's |
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designee shall maintain a department file on each license holder |
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the agency employs. |
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(c) A department file must contain any letter, memorandum, |
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or document relating to the license holder not included in a |
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personnel file maintained as required under a policy adopted under |
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Section 1701.4535, including any letter, memorandum, or document |
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relating to alleged license holder misconduct for which the agency |
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determines there is insufficient evidence to sustain the charge of |
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misconduct. |
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(d) In accordance with Section 1701.451, a law enforcement |
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agency hiring a license holder is entitled to review the contents of |
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the license holder's department file maintained by each previous |
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law enforcement agency employer. |
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(e) A law enforcement agency shall provide the contents from |
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a license holder's department file to the commission in accordance |
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with: |
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(1) the law enforcement agency's policy adopted in |
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compliance with Section 1701.4522(b)(1)(D); or |
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(2) a request by the commission as part of an ongoing |
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investigation relating to the license holder. |
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(f) A department file maintained under this section is |
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subject to disclosure only as required by law. |
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(g) Except as provided by Subsections (d), (e), and (f), a |
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law enforcement agency may not release any information contained in |
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a license holder's department file to any other agency or person |
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requesting information relating to the license holder. The agency |
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shall refer the person or agency requesting the information to the |
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agency head or the head's designee. A department file maintained |
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under this section is confidential and not subject to disclosure |
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under Chapter 552, Government Code. |
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SECTION 2. This Act takes effect on the 91st day after the |
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last day of the legislative session. |
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* * * * * |