Bill Text: TX SB781 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to certain files maintained by a law enforcement agency regarding certain employees of the agency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-14 - Filed [SB781 Detail]
Download: Texas-2025-SB781-Introduced.html
| 2025S0016-1 12/19/24 | ||
| By: King | S.B. No. 781 | |
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| relating to certain files maintained by a law enforcement agency | ||
| regarding certain employees of the agency. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter J, Chapter 1701, Occupations Code, is | ||
| amended by adding Section 1701.45351 to read as follows: | ||
| Sec. 1701.45351. DEPARTMENT FILE. (a) In this section, | ||
| "department file" means a file maintained by a law enforcement | ||
| agency for each license holder employed by the agency for the | ||
| agency's use. | ||
| (b) The head of a law enforcement agency or the head's | ||
| designee shall maintain a department file on each license holder | ||
| employed by the agency. | ||
| (c) A department file must contain any letter, memorandum, | ||
| or document relating to the license holder not included in a | ||
| personnel file maintained under a policy adopted under Section | ||
| 1701.4535, including any letter, memorandum, or document relating | ||
| to alleged misconduct by the license holder for which the agency | ||
| determines there is insufficient evidence to sustain the charge of | ||
| misconduct. | ||
| (d) As provided by Section 1701.451, a law enforcement | ||
| agency hiring a license holder is entitled to view the contents of | ||
| the license holder's department file. | ||
| (e) A law enforcement agency shall provide contents from a | ||
| license holder's department file to the commission in accordance | ||
| with: | ||
| (1) Section 1701.4522(b)(1)(D); or | ||
| (2) a request by the commission as part of an ongoing | ||
| investigation relating to the license holder. | ||
| (f) Except as provided by Subsections (d) and (e), a law | ||
| enforcement agency may not release any information contained in a | ||
| license holder's department file to any other agency or person | ||
| requesting information relating to the license holder. The agency | ||
| shall refer the person or agency requesting the information to the | ||
| agency head or the head's designee. A department file maintained | ||
| under this section is confidential and not subject to disclosure | ||
| under Chapter 552, Government Code. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
