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AN ACT
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relating to personnel records of commissioned officers of the |
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Department of Public Safety of the State of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.00755 to read as follows: |
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Sec. 411.00755. PERSONNEL RECORDS OF COMMISSIONED |
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OFFICERS. (a) In this section: |
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(1) "Personnel record" includes any letter, |
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memorandum, or document maintained by the department that relates |
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to a commissioned officer of the department, including background |
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investigations, employment applications, employment contracts, |
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service and training records, requests for off-duty employment, |
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birth records, reference letters, letters of recommendation, |
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performance evaluations and counseling records, results of |
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physical tests, polygraph questionnaires and results, proficiency |
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tests, the results of health examinations and other medical |
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records, workers' compensation files, the results of psychological |
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examinations, leave requests, requests for transfers of shift or |
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duty assignments, commendations, promotional processes, demotions, |
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complaints and complaint investigations, employment-related |
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grievances, and school transcripts. |
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(2) "Disciplinary action" has the meaning assigned by |
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Section 411.0072(a)(1). |
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(b) Notwithstanding Chapter 552, the personnel records of a |
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commissioned officer of the department may not be disclosed or |
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otherwise made available to the public, except the department shall |
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release: |
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(1) any letter, memorandum, or document relating to: |
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(A) a commendation, congratulation, or honor |
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bestowed on the officer for an action, duty, or activity that |
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relates to the officer's official duties; and |
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(B) misconduct by the officer, if the letter, |
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memorandum, or document resulted in disciplinary action; |
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(2) the state application for employment submitted by |
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the officer, but not including any attachments to the application; |
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(3) any reference letter submitted by the officer; |
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(4) any letter of recommendation for the officer; |
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(5) any employment contract with the officer; |
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(6) any periodic evaluation of the officer by a |
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supervisor; |
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(7) any document recording a promotion or demotion of |
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the officer; |
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(8) any request for leave by the officer; |
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(9) any request by the officer for transfers of shift |
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or duty assignments; |
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(10) any documents presented to the commission in |
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connection with a public hearing under Section 411.007(f); |
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(11) the officer's: |
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(A) name; |
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(B) age; |
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(C) dates of employment; |
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(D) positions held; and |
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(E) gross salary; and |
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(12) information about the location of the officer's |
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department duty assignments. |
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(c) The department may release any personnel record of a |
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commissioned officer: |
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(1) pursuant to a subpoena or court order, including a |
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discovery order; |
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(2) for use by the department in an administrative |
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hearing; or |
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(3) with the written authorization of the officer who |
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is the subject of the record. |
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(d) A release of information under Subsection (c) does not |
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waive the right to assert in the future that the information is |
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excepted from required disclosure under this section or other law. |
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SECTION 2. Subsection (c), Section 411.0072, Government |
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Code, is amended to read as follows: |
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(c) The commission shall establish procedures and practices |
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through which the department will address an employment-related |
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grievance that include: |
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(1) a form on which an employee may state an |
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employment-related grievance and request a specific corrective |
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action; |
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(2) time limits for submitting a grievance and for |
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management to respond to a grievance; |
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(3) a multilevel process in which an employee's |
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grievance is submitted to the lowest appropriate level of |
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management, with each subsequent appeal submitted to a higher level |
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in the chain of command; |
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(4) an assurance that confidentiality of all parties |
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involved will be maintained, except to the extent that information |
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is subject to disclosure under Section 411.00755 and Chapter 552 |
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[that is subject to required public disclosure under the public
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information law, Chapter 552, is released in response to an open
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records request], and that retaliation against an employee who |
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files a grievance is prohibited; and |
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(5) a program to advertise and explain the grievance |
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procedure to all employees. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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____________________________________________________________ |
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President of the Senate Speaker of the House |
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I hereby certify that S.B. No. 740 passed the Senate on |
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April 12, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 740 passed the House on |
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April 24, 2007, by the following vote: Yeas 144, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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______________________________ |
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Date |
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______________________________ |
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______________________________ |
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Governor |