Bill Text: TX HB1472 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the retention of and the required disclosure under the public information law of certain complaints alleging official oppression.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-20 - Left pending in committee [HB1472 Detail]
Download: Texas-2011-HB1472-Introduced.html
| 82R8302 KYF-D | ||
| By: Miles | H.B. No. 1472 | |
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| relating to the retention of and the required disclosure under the | ||
| public information law of certain complaints alleging official | ||
| oppression. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 143, Local Government | ||
| Code, is amended by adding Section 143.017 to read as follows: | ||
| Sec. 143.017. RETENTION OF COMPLAINT. (a) A complaint | ||
| filed against a fire fighter or police officer alleging conduct by | ||
| the fire fighter or police officer constituting official oppression | ||
| under Section 39.03, Penal Code, must be retained by the employing | ||
| department of the municipality as long as the fire fighter or police | ||
| officer remains employed by the municipality. | ||
| (b) The complaint is public information and may not be | ||
| excepted from disclosure under Section 552.108, Government Code. | ||
| (c) This section prevails over: | ||
| (1) any other provision of law; and | ||
| (2) any conflicting provision in a collective | ||
| bargaining agreement entered into under this chapter. | ||
| SECTION 2. Subchapter A, Chapter 174, Local Government | ||
| Code, is amended by adding Section 174.009 to read as follows: | ||
| Sec. 174.009. RETENTION OF COMPLAINT. (a) A complaint | ||
| filed against a fire fighter or police officer alleging conduct by | ||
| the fire fighter or police officer constituting official oppression | ||
| under Section 39.03, Penal Code, must be retained by the employing | ||
| department of the political subdivision as long as the fire fighter | ||
| or police officer remains employed by the political subdivision. | ||
| (b) The complaint is public information and may not be | ||
| excepted from disclosure under Section 552.108, Government Code. | ||
| (c) This section prevails over: | ||
| (1) any other provision of law; and | ||
| (2) any conflicting provision in a collective | ||
| bargaining agreement entered into under this chapter. | ||
| SECTION 3. Section 552.108(c), Government Code, is amended | ||
| to read as follows: | ||
| (c) This section does not: | ||
| (1) except from the requirements of Section 552.021 | ||
| information that is basic information about an arrested person, an | ||
| arrest, or a crime; or | ||
| (2) apply to a complaint described by Section 143.017 | ||
| or 174.009, Local Government Code, or Section 614.024 of this code | ||
| that is used by a law enforcement agency or prosecutor in the | ||
| detection, investigation, or prosecution of a crime. | ||
| SECTION 4. Subchapter B, Chapter 614, Government Code, is | ||
| amended by adding Section 614.024 to read as follows: | ||
| Sec. 614.024. RETENTION OF COMPLAINT. (a) If a complaint | ||
| alleges conduct by a law enforcement officer of this state or a fire | ||
| fighter, detention officer, county jailer, or peace officer | ||
| appointed or employed by a political subdivision of this state | ||
| constituting official oppression under Section 39.03, Penal Code, | ||
| the complaint must be retained on file by the employing state agency | ||
| or employing or appointing department of the political subdivision | ||
| as long as the person remains employed by the state or employed or | ||
| appointed by the political subdivision. | ||
| (b) The complaint is public information and may not be | ||
| excepted from disclosure under Section 552.108. | ||
| SECTION 5. Sections 143.017 and 174.009, Local Government | ||
| Code, as added by this Act, apply only to a contract executed on or | ||
| after the effective date of this Act. A contract executed before | ||
| the effective date of this Act is governed by the law as it existed | ||
| on the date the contract was executed, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 6. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
