HB 15

By: Hefner, et al. (Senate Sponsor - King)
  H.B. No. 15
         (In the Senate - Received from the House September 2, 2025;
  September 2, 2025, read first time and referred to Committee on
  State Affairs; September 2, 2025, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 6,
  Nays 2; September 2, 2025, sent to printer.)
Click here to see the committee vote
  COMMITTEE SUBSTITUTE FOR H.B. No. 15
  By:  Hughes
  A BILL TO BE ENTITLED
  AN ACT
  relating to certain files maintained by a law enforcement agency
  regarding certain employees of the agency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter J, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.45351 to read as follows:
         Sec. 1701.45351.  DEPARTMENT FILE.  (a)  In this section,
  "department file" means a file a law enforcement agency maintains
  for agency use for each license holder the agency employs.
         (b)  The head of a law enforcement agency or the head's
  designee shall maintain a department file on each license holder
  the agency employs.
         (c)  A department file must contain any letter, memorandum,
  or document relating to the license holder not included in a
  personnel file maintained as required under a policy adopted under
  Section 1701.4535, including any letter, memorandum, or document
  relating to alleged license holder misconduct for which the agency
  determines there is insufficient evidence to sustain the charge of
  misconduct.
         (d)  In accordance with Section 1701.451, a law enforcement
  agency hiring a license holder is entitled to review the contents of
  the license holder's department file maintained by each previous
  law enforcement agency employer.
         (e)  A law enforcement agency shall provide the contents from
  a license holder's department file to the commission in accordance
  with:
               (1)  the law enforcement agency's policy adopted in
  compliance with Section 1701.4522(b)(1)(D); or
               (2)  a request by the commission as part of an ongoing
  investigation relating to the license holder.
         (f)  A department file maintained under this section is
  subject to disclosure only as required by law, including Chapter 2B
  and Article 39.14, Code of Criminal Procedure, and Section 511.021,
  Government Code.
         (g)  Except as provided by Subsections (d), (e), and (f), a
  law enforcement agency may not release any information contained in
  a license holder's department file to any other agency or person
  requesting information relating to the license holder.  The agency
  shall refer the person or agency requesting the information to the
  agency head or the head's designee.  A department file maintained
  under this section is confidential and not subject to disclosure
  under Chapter 552, Government Code.
         SECTION 2.  This Act takes effect on the 91st day after the
  last day of the legislative session.
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