Bill Text: TX SB185 | 2023-2024 | 88th Legislature | Introduced
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
| 88R899 BEF-D | ||
| By: Miles | S.B. No. 185 | |
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| 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. | ||
