Democrats successfully delayed the advancement of a bill that would let law enforcement agencies across the state keep unsubstantiated complaints against officers private.<\/p>\n
During Monday\u2019s debate on the House floor, Democratic state Rep. Joe Moody of El Paso raised a point of order \u2014 a parliamentary procedure that aims to delay or kill legislation on a technicality \u2014 against Senate Bill 15 on the grounds that its subject matter is not included in Gov. Greg Abbott\u2019s agenda for the second special legislative session. Close to an hour later, the point of order was sustained because the bill focuses on departmental files and not personnel files as called for in Abbott\u2019s proclamation.<\/p>\n
State Rep. Cole Hefner, the Mt. Pleasant Republican sponsoring SB 15, subsequently said he is confident that the governor would add the legislation\u2019s topic to the expanded agenda. House Speaker Dustin Burrows, R-Lubbock, has also previously promised to accomplish all items on the governor\u2019s agenda by Labor Day weekend.<\/p>\n
\u201cThe bill will be back soon,\u201d Hefner said in a Monday text to The Texas Tribune.<\/p>\n
A day later, the state Legislature was instructed to consider \u201clegislation that protects law enforcement officers from public disclosure of unsubstantiated complaints and other information maintained in law enforcement agency files,\u201d according to a message from Abbott that was read during a meeting of the Texas Senate. This addressed the technical error highlighted by Moody\u2019s point of order.<\/p>\n
The proposal, if adopted, would require law enforcement agencies to create a confidential department file \u2014 also called a \u201cG-file\u201d \u2014 to hold any unsubstantiated allegations against an officer as well as those that did not result in disciplinary actions.<\/p>\n
The G-file would also include \u201cany letter, memorandum or document\u201d related to the officer that are not their substantiated misconduct complaints, commendations, awards or periodic evaluations. Those remaining records would be in the officer\u2019s personnel file, which would still be publicly accessible through the state\u2019s open records law.<\/p>\n
Hefner said Monday that the bill is about standardizing public disclosure policy of law enforcement agencies across Texas.<\/p>\n
Critics, however, have previously said SB 15 would limit police transparency and accountability.<\/p>\n
The bill currently allows certain materials to be released, such as body-worn camera footage. It would also not impede disclosures required by criminal investigations and court processes as mandated under the Sandra Bland and Michael Morton Acts, or affect Austin\u2019s local police oversight policy.<\/p>\n
Before the point of order, House Democrats also introduced six amendments to clarify the bill\u2019s language or add measures to maintain public information access. All of them failed.<\/p>\n
One amendment was presented by Moody to ensure that the bill doesn\u2019t reopen the dead suspects loophole, which law enforcement agencies once used to withhold information when suspects die in police custody or at the hands of officers before receiving a conviction or deferred adjudication. The state Legislature closed it in 2023.<\/p>\n
\u201cI don’t believe this bill opens that loophole back up,\u201d Hefner said.<\/p>\n
\u201cI respectfully disagree,\u201d Moody responded.<\/p>\n
SB 15 follows a 2023 state review of the Texas Commission on Law Enforcement, which requires that the agency \u201cstandardizes what documentation needs to be included in a license holder\u2019s personnel file.\u201d<\/p>\n
Around 26,000 peace officers currently have confidential files similar to what is being proposed, according to Jennifer Szimanski, the deputy executive director of the Combined Law Enforcement Associations of Texas. These include officers in some of the state\u2019s largest cities that have opted into the state framework for police and firefighters\u2019 civil service, such as Houston and San Antonio.<\/p>\n
The bill, if adopted, would extend the use of G-files to every law enforcement agency across the state. There are currently under 110,000 peace officers and jailers in Texas, according to TCOLE.<\/p>\n
In hearings leading up to the Monday debate, multiple law enforcement agencies testified to lawmakers that some departments already have confidential personnel files in place \u2014 and this change would unify them under one standard. They also said disclosures of unsubstantiated complaints could be to defame officers.<\/p>\n
\u201cThis is a prime example of why this legislation is needed. Too many stand ready to try an officer in the court of public opinion every opportunity they get. This negatively impacts the profession and law enforcement\u2019s relationship with the communities they serve,\u201d said Szimanski.<\/p>\n
On the other hand, critics like Kathy Mitchell, a criminal justice policy advocate with Equity Action, also raised concerns about how the bill would affect the disclosure of police records related to the Uvalde shooting. The Texas Department of Public Safety continues fighting a judge\u2019s order to release hundreds of videos and investigative files of the botched response to the worst school shooting in Texas history.<\/p>\n
During the Senate floor hearing on Aug. 18, Democratic state Sen. Roland Gutierrez of San Antonio also grilled the bill\u2019s author, Republican state Sen. Phil King of Weatherford, about this issue. King said the bill would not have an impact on lawsuits. Gutierrez countered that the state\u2019s Open Records Act should preclude the need for lawsuits in the first place.<\/p>\n
The bill cleared the Texas Senate a day later with a 18-12 vote.<\/p>\n
Attorney CJ Girsham also told lawmakers the bill would require the average Texan to hire an attorney and go to court to use the discovery process to get police files, an expensive and unnecessary step in the criminal justice system.<\/p>\n
\u201cWhat we are doing is saying to the public, because there are some people out there who file frivolous lawsuits, you don\u2019t deserve to know what this officer is accused of before,\u201d he said.<\/p>\n
In addition, some critics said the bill could lead officers \u2014 especially those in smaller agencies with fewer resources to shield themselves from conflicts of interest \u2014 to disregard or downplay complaints. They also noted that the proposal does not explicitly require agencies to conduct an internal investigation of any kind before marking a claim as unsubstantiated.<\/p>\n
\u201cIt creates an extremely perverse incentive for them to never find anything wrong,\u201d said Chris Harris of the Texas Civil Rights Project.<\/p>\n
Some Republican lawmakers have previously raised similar concerns.<\/p>\n
\u201cA chief that\u2019s befriended somebody that is a subordinate could continue to hide wrongful action,\u201d state Sen. Charles Schwertner, R-Georgetown, said during this year\u2019s first special legislative session.<\/p>\n
King, however, argued that SB 15 would create proper guardrails for these small agencies.<\/p>\n
\u201cThere are probably law enforcement agencies out there that basically have no files other than the minimal amount that TCOLE might require them to keep,\u201d he said. \u201cI think that this puts a model policy in place that every law enforcement agency is going to have to follow, and everybody will know what all the rules are.\u201d<\/p>\n
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