Relating to certain files maintained by a law enforcement agency regarding certain employees of the agency.
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 maintained by a law enforcement
agency for each license holder employed by the agency for the
agency’s use.
(b) The head of a law enforcement agency or the head’s
designee shall maintain a department file on each license holder
employed by the agency.
(c) A department file must contain any letter, memorandum,
or document relating to the license holder not included in a
personnel file maintained under a policy adopted under Section
1701.4535, including any letter, memorandum, or document relating
to alleged misconduct by the license holder for which the agency
determines there is insufficient evidence to sustain the charge of
misconduct.
(d) As provided by Section 1701.451, a law enforcement
agency hiring a license holder is entitled to view the contents of
the license holder’s department file.
(e) A law enforcement agency shall provide contents from a
license holder’s department file to the commission in accordance
with:
(1) 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) Except as provided by Subsections (d) and (e), 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 September 1, 2025.
