HBA-TBM S.B. 1176 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1176 By: Gallegos Urban Affairs 5/18/2001 Engrossed 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. Senate Bill 1176 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 Senate Bill 1176 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 does not require that related records of the internal affairs division be expunged. 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. 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 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.