Texas law enforcement agencies would keep confidential files for licensed employees, including misconduct claims without enough supporting evidence, while allowing certain hiring reviews and legally required sharing.
Law enforcement agencies would keep a separate file for each licensed employee. It would include records outside the required personnel file, including misconduct claims without enough supporting evidence.
Hiring agencies could review files from past law enforcement employers. Employers would share contents with the licensing commission under required policies or upon its request during an employee investigation.
Department files would be confidential and unavailable through public records requests. Exceptions would cover hiring-agency review, sharing with the licensing commission, and disclosures required by other laws.
Agency heads or their chosen representatives would maintain a separate department file for each licensed employee. The file would contain documents about the employee that are not included in the personnel file required under agency policy. The file would include misconduct claims that the agency finds lack enough evidence to support the charge. If enacted, the file requirement would take effect on the 91st day after the legislative session ends.
Hiring agencies would have a right to review these files, and employers would provide their contents to the licensing commission in specified cases. A hiring law enforcement agency could review the employee’s department file from each previous law enforcement employer. Employers would provide contents under the agency policy required by the referenced law or upon a commission request during an ongoing investigation of the employee. Hiring reviews would follow the referenced law governing those reviews. If enacted, these access and sharing rules would take effect on the 91st day after the legislative session ends.
Agencies would keep department files confidential and exclude them from public records access, with specified exceptions. The restriction would cover information in licensed employees’ department files. Hiring-agency review and sharing with the licensing commission would be exceptions. Agencies would also make disclosures required by other laws. Agencies would direct other people or agencies requesting information to the agency head or the head’s chosen representative. If enacted, the confidentiality rules would take effect on the 91st day after the legislative session ends.
No hearings or votes scheduled.