Sec. 5.581. DISCLOSURE OF PERSONNEL RECORDS OF COMMISSIONED PEACE OFFICERS. (a) In this section, "personnel record" includes any letter, memorandum, or document maintained by the commission that relates to a commissioned peace officer of the commission, including background investigations, employment applications, employment contracts, service and training records, requests for off-duty employment, birth records, reference letters, letters of recommendation, performance evaluations and counseling records, results of physical tests, polygraph questionnaires and results, proficiency tests, the results of health examinations and other medical records, workers' compensation files, the results of psychological examinations, leave requests, requests for transfers of shift or duty assignments, commendations, promotional processes, demotions, complaints and investigations, employment-related grievances, and school transcripts.
(b) Except as provided by Subsection (c), the personnel records of a commissioned peace officer of the commission may not be disclosed under Chapter 552, Government Code, or otherwise made available to the public while there is a pending internal investigation for alleged employee misconduct.
(c) The commission may release any personnel record of a commissioned peace officer:
(1) pursuant to a subpoena or court order, including a discovery order;
(2) for use by the commission in an administrative hearing; or
(3) with the written authorization of the officer who is the subject of the record, as long as release of the information does not interfere with the investigation of alleged misconduct by the commissioned peace officer.
(d) A release of information under Subsection (c) does not waive the right to assert in the future that the information is excepted from required disclosure under this section or other law.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 20, eff. September 1, 2019.
Structure Texas Statutes
Title 2 - Administration of Code
Chapter 5 - Alcoholic Beverage Commission
Subchapter B. Powers and Duties
Section 5.31. General Powers and Duties
Section 5.32. May Require Reports
Section 5.321. Electronic Signatures
Section 5.33. Regulate Licensees and Permittees
Section 5.331. Public Disturbance Reports
Section 5.34. Delegation of Authority
Section 5.35. Issuance of Permits and Licenses
Section 5.36. Investigation of Violations
Section 5.361. Enforcement; Inspections
Section 5.362. Schedule of Sanctions
Section 5.363. Disciplinary Authority of Administrator and Commission
Section 5.364. Receipt and Use of Market Data
Section 5.37. Collection of Taxes at Source
Section 5.371. Proceeds From Contraband
Section 5.38. Quality and Purity of Beverages
Section 5.39. Regulation of Liquor Containers
Section 5.40. Regulation of Malt Beverage Container Deposits
Section 5.41. Alcohol Used for Scientific Purposes, Etc
Section 5.42. Penalty for Violation of Rule
Section 5.43. Who May Hold Hearing; Rules of Evidence
Section 5.44. Subpoena of Witnesses; Witness Fees; Contempt
Section 5.441. Fees and Expenses Paid Members or Employees of Commission
Section 5.45. Proof of Document
Section 5.47. Records of Violations
Section 5.49. Printed Copies of Code and Rules
Section 5.50. Establishment of Certain Fees
Section 5.51. Bookkeeping Records
Section 5.52. Program Accessibility Plan
Section 5.53. Public Interest Information and Complaints
Section 5.54. Resolution of Complaints
Section 5.55. Electronic Processing of Licenses, Permits, and Certificates
Section 5.56. Funding of Texas Wine Marketing Assistance Program
Section 5.57. Marketing Practices Regulatory Decisions
Section 5.58. Internal Affairs
Section 5.581. Disclosure of Personnel Records of Commissioned Peace Officers
Section 5.59. Use of Technology
Section 5.60. Alternative Rulemaking and Dispute Resolution Procedures