89R453 BEF-D     By: Miles S.B. No. 281       A BILL TO BE ENTITLED   AN ACT   relating to the retention and required disclosure under the public   information law of certain complaints alleging official   oppression.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter J, Chapter 143, Local Government   Code, is amended by adding Section 143.364 to read as follows:          Sec. 143.364.  RETENTION OF COMPLAINT AGAINST POLICE   OFFICER. (a)  A municipal department employing a police officer   against whom is filed a complaint alleging conduct constituting   official oppression under Section 39.03, Penal Code, shall:                (1)  retain the complaint until at least the fifth   anniversary of the date the police officer's employment with the   municipality ends; and                (2)  create an abstract of the complaint to retain   indefinitely once the original complaint is destroyed.          (b)  A discretionary exception to required disclosure   provided by Chapter 552, Government Code, does not apply to a   complaint or abstract described by Subsection (a).          (c)  This section prevails over:                (1)  any other provision of law; and                (2)  any conflicting provision in an agreement entered   into under this subchapter.          (d)  This section does not prohibit the employing municipal   department from withholding information contained in a complaint or   abstract that is confidential under Section 552.117 or 552.1175,   Government Code.          (e)  This section does not prohibit a person from asserting a   privacy interest in withholding a complaint or abstract.          SECTION 2.  Subchapter A, Chapter 174, Local Government   Code, is amended by adding Section 174.009 to read as follows:          Sec. 174.009.  RETENTION OF COMPLAINT AGAINST POLICE   OFFICER. (a) A department of a political subdivision employing a   police officer against whom is filed a complaint alleging conduct   constituting official oppression under Section 39.03, Penal Code,   shall:                (1)  retain the complaint until at least the fifth   anniversary of the date the police officer's employment with the   political subdivision ends; and                (2)  create an abstract of the complaint to retain   indefinitely once the original complaint is destroyed.          (b)  A complaint or abstract described by Subsection (a) is   public information and is not excepted from required disclosure by   Section 552.108, Government Code.          (c)  This section prevails over:                (1)  any other provision of law; and                (2)  any conflicting provision in a collective   bargaining agreement entered into under this chapter.          SECTION 3.  Section 552.108, Government Code, is amended by   adding Subsection (c-1) to read as follows:          (c-1)  The exception to disclosure provided by this section   does not apply to a complaint or abstract described by Section   143.364 or 174.009, Local Government Code, or Section 614.024 of   this code that a law enforcement agency or prosecutor uses in the   detection, investigation, or prosecution of a crime.          SECTION 4.  Subchapter B, Chapter 614, Government Code, is   amended by adding Section 614.024 to read as follows:          Sec. 614.024.  RETENTION BY MUNICIPALITIES OF COMPLAINT   AGAINST PEACE OFFICER. (a) If a municipality receives a complaint   against a peace officer employed by the municipality alleging   conduct constituting official oppression under Section 39.03,   Penal Code, the municipality shall:                (1)  retain the complaint until at least the fifth   anniversary of the date the peace officer's employment with the   municipality ends; and                (2)  create an abstract of the complaint to retain   indefinitely once the original complaint is destroyed.          (b)  A discretionary exception to required disclosure   provided by Chapter 552 does not apply to a complaint or abstract   described by Subsection (a).          SECTION 5.  Sections 143.364(c) and 174.009(c), Local   Government Code, as added by this Act, apply only to a contract   executed on or after the effective date of this Act. A contract   executed before the effective date of this Act is governed by the   law as it existed on the date the contract was executed, and the   former law is continued in effect for that purpose.          SECTION 6.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.