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


Office of House Bill AnalysisC.S.H.B. 2536
By: Maxey
Urban Affairs
4/22/2001
Committee Report (Substituted)



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, C.S.H.B. 2536 defines "disciplinary action" to include 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

C.S.H.B. 2536 amends the Local Government Code to define "disciplinary
action" to include any action administered by a police or fire department
as punishment for violating a departmental rule or order, as it relates to
personnel files. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2536 conforms the original bill to Texas Legislative Council style
and format.