HBA-DMH H.B. 2350 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2350
By: Hinojosa
Public Safety
4/6/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a report or statement submitted to the Commission on Law
Enforcement Officer Standards and Education regarding an officer's
employment record is confidential and is not subject to public disclosure.
The behavior of officers is something to which many citizen action and
police oversight groups pay close attention. In addition, the truthfulness
of officers when testifying may not be properly gauged if the public is not
aware of the officer's on-duty conduct. If reports or statements relating
to substantiated incidents of excessive force or violations of the law
other than traffic offenses committed by the officer were available for
public disclosure, the citizens they serve might have more confidence in
them. House Bill 2350 allows such information to be publicly disclosed. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2350 amends the Occupations Code to provide that a report or
statement submitted to the Commission on Law Enforcement Officer Standards
and Education regarding an officer's employment record is confidential and
is not subject to public disclosure unless the person resigned or was
terminated due to substantiated incidents of excessive force or violations
of the law other than traffic offenses. 

EFFECTIVE DATE

September 1, 2001.