§ 1701.4535 — PERSONNEL FILE.

Texas § 1701.4535

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 1701.4535. PERSONNEL FILE. (a) The commission shall adopt a model policy regarding personnel files maintained with respect to a license holder. The policy must:
(1) require the head of a law enforcement agency or the head's designee to maintain a personnel file on each license holder employed by the agency that contains any letter, memorandum, or document relating to:
(A) a commendation, congratulation, or honor bestowed on the license holder by a member of the public or by the employing agency for an action, duty, or activity that relates to the license holder's official duties;
(B) any misconduct by the license holder if the letter, memorandum, or document is from the employing agency and the misconduct resulted in disciplinary action by the employing agency; and
(C) the periodic evaluation of the license holder by a supervisor; and
(2) provide that:
(A) a letter, memorandum, or document relating to alleged misconduct by the license holder may not be placed in the license holder's personnel file if the employing agency determines that there is insufficient evidence to sustain the charge of misconduct;
(B) if a negative letter, memorandum, document, or other notation of negative impact is included in a license holder's personnel file:
(i) the agency head or the head's designee shall, not later than the 30th day after the date of the inclusion, notify the affected license holder by certified mail; and
(ii) the license holder may, on or before the 30th day after the date of receipt of the notification, file a written response to the negative letter, memorandum, document, or other notation;
(C) information contained in a license holder's personnel file may not be released without the license holder's written permission, unless the release is required by law;
(D) a license holder is entitled, on request, to a copy of any letter, memorandum, or document placed in the license holder's personnel file; and
(E) an employing agency may charge the license holder a reasonable fee not to exceed the actual cost of any copies described by Paragraph (D).
(b) A law enforcement agency shall adopt the model policy described by Subsection (a) or a substantively similar policy. A policy adopted by a law enforcement agency under this section must be submitted to the commission, and the commission shall maintain a copy of the policy.
(c) Except as provided by Subsections (d) and (e), a law enforcement agency may not release any information contained in a license holder's personnel file to any other agency or person requesting information relating to the license holder unless required by law. The agency shall refer the person or agency requesting the information to the agency head or the head's designee.
(d) A law enforcement agency shall provide a license holder's personnel file to the commission:
(1) not later than the 30th day after the date the license holder separates from the agency; or
(2) on request by the commission as part of an ongoing investigation relating to the license holder.
(e) 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 personnel file.

Legislative History

Added by Acts 2023, 88th Leg., R.S., Ch. 1104 (S.B. 1445 ), Sec. 17, eff. September 1, 2023.