HBA-JEK H.B. 2536 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2536
By: Maxey
Urban Affairs
4/2/2001
Introduced



BACKGROUND AND PURPOSE 

Current law provides that a fire or police department in a municipality
that has adopted the provisions for municipal civil service may maintain a
personnel file on each officer for the department's use. This police or
fire department personnel file is not subject to disclosure under the open
records law.  However, a personnel file maintained by a municipality's
civil service director, which must contain any letter, memorandum, or
document relating to a sustained charge of misconduct that results in a
disciplinary action, is subject to disclosure under the open records law. 

In 2000, the attorney general issued an opinion that interpreted a
disciplinary action as a suspension, demotion, uncompensated duty, or
dismissal.  So that public information disclosure requirements apply to
information in a personnel file maintained by a civil director regarding a
disciplinary action that is not a suspension, demotion, uncompensated duty,
or dismissal, House Bill 2536 defines a "disciplinary action" as any action
by a police or fire department  administered as  punishment for violating a
departmental rule or order. 

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 2536 amends the Local Government Code to define "disciplinary
action" as any action by a police or fire department  administered as
punishment for violating a departmental rule or order.   

EFFECTIVE DATE

September 1, 2001.