84R1207 KKR-D
	By: Miles	H.B. No. 270

	A BILL TO BE ENTITLED
	AN ACT
	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 J, Chapter 143, Local Government
	Code, is amended by adding Section 143.364 to read as follows:
	Sec. 143.364.  RETENTION OF COMPLAINT AGAINST POLICE
	OFFICER. (a)  A complaint filed against a police officer alleging
	conduct by the 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 police officer
	remains employed by the municipality.
	(b)  The complaint is not excepted from disclosure under a
	discretionary exception provided by Chapter 552, Government Code.
	(c)  This section prevails over:
	(1)  any other provision of law; and
	(2)  any conflicting provision in an agreement entered
	into under this subchapter.
	(d)  This section does not prohibit the employing department
	of the municipality from withholding information contained in the
	complaint that is confidential under Section 552.117 or 552.1175,
	Government Code.
	(e)  This section does not prohibit a person from asserting a
	privacy interest in withholding the complaint.
	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 AGAINST POLICE OFFICER
	BY CERTAIN MUNICIPALITIES. (a)  This section applies only to a
	municipality with a population of two million or more.
	(b)  A complaint filed against a police officer alleging
	conduct by the 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 police
	officer remains employed by the political subdivision.
	(c)  The complaint is public information and may not be
	excepted from disclosure under Section 552.108, Government Code.
	(d)  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 143.364
	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 AGAINST PEACE OFFICER
	BY CERTAIN MUNICIPALITIES. (a)  If a complaint alleges conduct by a
	peace officer employed by a municipality with a population of two
	million or more constituting official oppression under Section
	39.03, Penal Code, the complaint must be retained on file by the
	municipality as long as the peace officer remains employed by the
	municipality.
	(b)  The complaint is not excepted from public disclosure
	under a discretionary exception provided by Chapter 552.
	SECTION 5.  Sections 143.364(c) and 174.009(d), 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, 2015.