H.B. No. 2006
 
 
 
 
AN ACT
  relating to the release of a photograph of a police officer and
  access to records maintained by internal investigative divisions in
  certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 143, Local Government
  Code, is amended by adding Section 143.090 to read as follows:
         Sec. 143.090.  RELEASE OF PHOTOGRAPHS OF POLICE OFFICERS.  A
  department, commission, or municipality may not release a
  photograph that depicts a police officer unless:
               (1)  the officer has been charged with an offense by
  indictment or by information;
               (2)  the officer is a party in a civil service hearing
  or a case before a hearing examiner or in arbitration;
               (3)  the photograph is introduced as evidence in a
  judicial proceeding; or
               (4)  the officer gives written consent to the release
  of the photograph.
         SECTION 2.  Sections 143.1214(a) and (e), Local Government
  Code, are amended to read as follows:
         (a)  The human resources director for the department
  promptly shall order that the records of a disciplinary action that
  was taken against a fire fighter or police officer be expunged from
  each file maintained on the fire fighter or police officer by the
  department if the disciplinary action was entirely overturned on
  appeal by the commission, an independent third-party hearing
  examiner, or a court of competent jurisdiction. Documents that
  must be expunged under this subsection include all documents that
  indicate disciplinary action was recommended or taken against the
  fire fighter or police officer, such as the recommendations of a
  disciplinary committee or a letter of suspension. This subsection
  does not apply if the fire fighter or police officer is charged with
  using excessive force that results in a death or injury and the
  charge is being investigated by a law enforcement or criminal
  justice agency other than the department. This subsection does not
  require that records of an [the] internal affairs division or other
  similar internal investigative division be expunged.
         (e)  The requirements of this section are in addition to the
  requirements of Section 143.089. This section does not prevent a
  fire fighter or police officer from obtaining access to any
  personnel file maintained by the director or the department, other
  than a file maintained by an [the] internal affairs division or
  other similar internal investigative division, on the fire fighter
  or police officer under Section 143.089.
         SECTION 3.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2006 was passed by the House on May
  12, 2011, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2006 was passed by the Senate on May
  24, 2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor