HBA-NRS H.B. 2290 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2290
By: Talton
Urban Affairs
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Current law requires a department head of a fire or police department to
order that the records of a disciplinary action that was taken against a
firefighter or police officer be expunged from each file maintained on the
firefighter or police officer if the disciplinary action was overturned.
The department is also required to maintain information related to each
overturned disciplinary action and each charge of misconduct, but may only
release that information to another law enforcement agency or fire
department. House Bill 2290 allows for the release of this information to a
civil service director or to a court while providing certain protections
for the police officer or firefighter, and authorizes a police department
to use supervisory intervention procedures or a policy and procedure
inquiry to modify a police officer's behavior. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2290 amends the Local Government Code to require the human
resources director for a fire or police department in a municipality with a
population of 1.5 million or more, and not the chief or head of a fire or
police department or that person's equivalent department head, to promptly
order that the records of a disciplinary action taken against a firefighter
or police officer be expunged from each file maintained on that person if
the disciplinary action was entirely overturned. The bill requires a fire
or police department to maintain an investigatory file that relates to a
disciplinary action against a firefighter or police officer that was
overturned on appeal, or any document in the possession of the department
that relates to a charge of misconduct against such a person, regardless of
whether the charge is sustained. 

The bill authorizes a department to only release information in
investigatory files or documents relating to a charge of misconduct to
another law enforcement agency or fire department, to the office of a
district or United States attorney, or to the department head for inclusion
in the firefighter's or police officer's personnel file, or to a party in a
civil or criminal action under certain conditions. The bill sets forth
provisions for when a department head may forward a document that relates
to disciplinary action to the director of firefighters' and police
officers' civil service (director) or the director's designee. The bill
also sets forth provisions regarding the release of a personnel file or a
part of such a file to a party in a civil action or criminal action. The
bill requires the legal division of the municipality, or its designee, to
provide legal representation in any action related to the release of a file
or part of a file. 

The bill authorizes a police department to use a supervisory intervention
procedure or a policy and procedure inquiry to modify a police officer's
behavior through certain techniques and reeducation efforts. The bill
prohibits a police officer who is the subject of a supervisory intervention
procedure or a policy and procedure inquiry from filing an appeal or
grievance regarding the action taken by the police department. The bill
prohibits a police department from including a record of a supervisory
intervention procedure or a policy and procedure inquiry in the police
officer's personnel file or in the department file. The bill authorizes
such a record to be maintained by the officer's own division for
consideration in a periodic  performance evaluation. The bill authorizes a
police department to maintain an electronic record of supervisory
intervention procedures or policy and procedure inquiries to be used only
by the department for tracking and statistical purposes. 

EFFECTIVE DATE

September 1, 2001.