Moody Bill Opens Police Files When The Person Inside Is Dead

The text as introduced · 488 words

By: Moody
H.B. No. 403

A BILL TO BE ENTITLED

AN ACT

relating to access to certain law enforcement, corrections, and

prosecutorial records under the public information law.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 552.108(c-1, Government Code, is amended

by amending Subsection (c-1) and adding Subsections (i) and (j) to

read as follows:

(c-1) The exceptions [ exception ] to disclosure provided by

Subsections [ Subsection ] (a)(2) and (b)(2) does [ do ] not apply to

information, records, or notations if:

(1) a person who is described by or depicted in the

information, record, or notation, other than a peace officer, is

deceased or incapacitated; or

(2) each person who is described by or depicted in the

information, record, or notation consents to the release of the

information, record, or notation.

(i) This section does not except from the requirements of

Section 552.021 a letter, memorandum, or document regarding a

police officer's alleged misconduct in the police officer's

personnel file under Section 143.089, Local Government Code, if:

(1) a person who is described by or depicted in the

letter, memorandum, or document, other than the police officer, is

deceased or incapacitated; or

(2) each person who is described by or depicted in the

letter, memorandum, or document consents to the release of the

letter, memorandum, or document.

(j) A governmental body that releases information, records,

or notations to a family member of a deceased or incapacitated

person who is described by or depicted in the information, record,

or notation is not considered to have voluntarily made that

information available to the public for purposes of Section 552.007

and does not waive the ability to assert in the future that the

information is excepted from required disclosure under this section

or other law.

SECTION 2. Section 143.089(g), Local Government Code, is

amended to read as follows:

(g) A fire or police department may maintain a personnel

file on a fire fighter or police officer employed by the department

for the department's use. Except as provided by Subsection (h), the

department may not release any information contained in the

department file to any agency or person requesting information

relating to a fire fighter or police officer , other than

information relating to a police officer's alleged misconduct in

the police officer's personnel file, as permitted by Section

552.108, Government Code . The department shall refer to the

director or the director's designee a person or agency that

requests information that is maintained in the fire fighter's or

police officer's personnel file.

SECTION 3. Sections 552.108(c-1), (i), and (j), Government

Code, as amended or added by this Act, and Section 143.089(g), Local

Government Code, as amended by this Act, apply to information,

records, notations, letters, memoranda, and documents collected,

made, assembled, or maintained before, on, or after the effective

date of this Act.

SECTION 4. This Act takes effect September 1, 2027.