H.B. No. 15 introduces a new section, 1701.45351, to the Occupations Code, which mandates that law enforcement agencies maintain a "department file" for each licensed employee. This file is intended for internal use and must include any documents related to the employee that are not part of their personnel file, specifically including records of alleged misconduct that were not substantiated. The head of the agency or their designee is responsible for maintaining these files, which must be made available to any agency hiring the license holder, as well as to the commission during investigations.
The bill also stipulates that the contents of these department files are confidential and can only be disclosed as required by law, including specific provisions in the Code of Criminal Procedure and the Government Code. Agencies are prohibited from releasing any information from these files to outside parties, except under certain conditions, thereby ensuring the privacy of the license holders while still allowing for oversight and accountability in cases of misconduct. The act is set to take effect 91 days after the end of the legislative session.
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