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HB 2486

AN ACT relating to certain files maintained by a law enforcement agency

House Bill
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Requires law enforcement agencies to maintain a separate "department file" for each licensed law enforcement employee, documenting any letters, memos, or documents related to alleged misconduct that did not result in formal charges. The file is confidential and can only be viewed by hiring agencies or shared with the commission under specific investigation circumstances, preventing general public access to these sensitive personnel records. The law aims to provide a comprehensive but protected record of potential misconduct issues while protecting the privacy of law enforcement license holders.

Subject Areas

Bill Text

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
(b)  The head of a law enforcement agency or the head's
designee shall maintain a department file on each license holder
(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
(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
(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.

Bill History

filed

Bill filed: AN ACT relating to certain files maintained by a law enforcement agency