S.B. No. 545

	AN ACT
	relating to employment records for law enforcement officers,
	including procedures to correct employment termination reports;
	providing an administrative penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsections (a) and (d), Section 1701.452,
	Occupations Code, are amended to read as follows:
	(a)  The head of a law enforcement agency or the head's
	designee shall submit a report to the commission on a form
	prescribed by the commission regarding a person licensed under this
	chapter who resigns or retires from employment with the law
	enforcement agency, whose appointment with the law enforcement
	agency is terminated, or who separates from the law enforcement
	agency for any other reason.  The report must be submitted by the
	head or the designee not later than the seventh business day after
	the date the license holder:
	(1)  resigns, retires, is terminated, or separates from
	the agency; and [or]
	(2)  exhausts all administrative appeals available to
	the license holder, if applicable [if the license holder was
	terminated based on an allegation of misconduct].
	(d)  The head of the law enforcement agency from which a
	license holder resigns, retires, is terminated, or separates for
	reasons other than death, or the head's designee, shall provide to
	the license holder a copy of the report.  The report must be
	provided to the license holder not later than the seventh business
	day after the date the license holder:
	(1)  resigns, retires, is terminated, or separates from
	the agency; and [or]
	(2)  exhausts all administrative appeals available to
	the license holder, if applicable [if the license holder was
	terminated based on an allegation of misconduct].
	SECTION 2.  The heading to Section 1701.4525, Occupations
	Code, is amended to read as follows:
	Sec. 1701.4525.  PETITION [REQUEST] FOR CORRECTION OF
	REPORT; HEARING; ADMINISTRATIVE PENALTY[; HEARING; APPEAL].
	SECTION 3.  Section 1701.4525, Occupations Code, is amended
	by amending Subsections (a), (d), and (e) and adding Subsection
	(e-1) to read as follows:
	(a)  A person who is the subject of an employment termination
	report maintained by the commission under this subchapter may
	contest information contained in the report by submitting to the
	law enforcement agency and to the commission a written petition on a
	form prescribed by the commission [request] for a correction of the
	report [and any evidence contesting the information contained in
	the report] not later than the 30th day after the date the person
	receives a copy of the report.  On receipt of the petition, the
	commission shall refer the petition to the State Office of
	Administrative Hearings [The commission shall allow the head of the
	law enforcement agency to submit to the commission any evidence
	rebutting the evidence submitted by the person who is the subject of
	the report].
	(d)  A proceeding [under Subsection (b)] to contest
	information in [the commission's order or under Subsection (c) to
	correct] an employment termination report is a contested case under
	Chapter 2001, Government Code.
	(e)  In a proceeding [under Subsection (b)] to contest
	information in [the commission's order or under Subsection (c) to
	correct] an employment termination report for a [an order or]
	report based on alleged misconduct, an administrative law judge
	shall determine if the alleged misconduct occurred by a
	preponderance of the evidence regardless of whether the person who
	is the subject of the report was terminated or the person resigned,
	retired, or separated in lieu of termination.  If the alleged
	misconduct is not supported by a preponderance of the evidence, the
	administrative law judge shall order the report to be changed.
	(e-1)  The commission may assess an administrative penalty
	against an agency head who fails to make a correction to an
	employment termination report following an order by the State
	Office of Administrative Hearings after all appeals available to
	the agency head have been exhausted.
	SECTION 4.  Section 1701.454, Occupations Code, is amended
	to read as follows:
	Sec. 1701.454.  CONFIDENTIALITY. (a)  All information [A
	report or statement] submitted to the commission under this
	subchapter is confidential and is not subject to disclosure under
	Chapter 552, Government Code, unless the person resigned or was
	terminated due to substantiated incidents of excessive force or
	violations of the law other than traffic offenses.
	(b)  Except as provided by this subchapter, a commission
	member or other person may not release information [the contents of
	a report or statement] submitted under this subchapter.
	SECTION 5.  Section 1701.455, Occupations Code, is amended
	to read as follows:
	Sec. 1701.455.  SUBPOENA.  Information [A report or
	statement] submitted to the commission under this subchapter is
	subject to subpoena only in a judicial proceeding.
	SECTION 6.  Subsections (b) and (c), Section 1701.4525,
	Occupations Code, are repealed.
	SECTION 7.  (a)  The changes in law made by this Act to
	Section 1701.452, Occupations Code, apply only to a license holder
	who resigns, retires, is terminated, or separates from a law
	enforcement agency on or after the effective date of this Act.  A
	license holder who resigns, retires, is terminated, or separates
	from a law enforcement agency before the effective date of this Act
	is governed by the law in effect on the date of the resignation,
	retirement, termination, or separation, and the former law is
	continued in effect for that purpose.
	(b)  The changes in law made by this Act to Section
	1701.4525, Occupations Code, apply only to a petition for a
	correction of an employment termination report submitted on or
	after the effective date of this Act.  A request submitted before
	the effective date of this Act is governed by the law in effect on
	the date the request was submitted, and the former law is continued
	in effect for that purpose.
	SECTION 8.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 545 passed the Senate on
	March 24, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 545 passed the House on
	May 20, 2011, by the following vote:  Yeas 149, Nays 0, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor