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