Bill Text: TX SB185 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the retention and required disclosure under the public information law of certain complaints alleging official oppression.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-02-15 - Referred to State Affairs [SB185 Detail]

Download: Texas-2023-SB185-Introduced.html

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88R899 BEF-D
By: Miles S.B. No. 185

A BILL TO BE ENTITLED
AN ACT
relating to the retention and 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 municipal department employing a police officer
against whom is filed a complaint alleging conduct constituting
official oppression under Section 39.03, Penal Code, shall:
(1) retain the complaint until at least the fifth
anniversary of the date the police officer's employment with the
municipality ends; and
(2) create an abstract of the complaint to retain
indefinitely once the original complaint is destroyed.
(b) A discretionary exception to required disclosure
provided by Chapter 552, Government Code, does not apply to a
complaint or abstract described by Subsection (a).
(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 municipal
department from withholding information contained in a complaint or
abstract 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 a complaint or abstract.
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. (a) A department of a political subdivision employing a
police officer against whom is filed a complaint alleging conduct
constituting official oppression under Section 39.03, Penal Code,
shall:
(1) retain the complaint until at least the fifth
anniversary of the date the police officer's employment with the
political subdivision ends; and
(2) create an abstract of the complaint to retain
indefinitely once the original complaint is destroyed.
(b) A complaint or abstract described by Subsection (a) is
public information and is not excepted from required disclosure by
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 or abstract described by
Section 143.364 or 174.009, Local Government Code, or Section
614.024 of this code that a law enforcement agency or prosecutor
uses 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 BY MUNICIPALITIES OF COMPLAINT
AGAINST PEACE OFFICER. (a) If a municipality receives a complaint
against a peace officer employed by the municipality alleging
conduct constituting official oppression under Section 39.03,
Penal Code, the municipality shall:
(1) retain the complaint until at least the fifth
anniversary of the date the peace officer's employment with the
municipality ends; and
(2) create an abstract of the complaint to retain
indefinitely once the original complaint is destroyed.
(b) A discretionary exception to required disclosure
provided by Chapter 552 does not apply to a complaint or abstract
described by Subsection (a).
SECTION 5. Sections 143.364(c) and 174.009(c), 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, 2023.