SB 14 creates Section 1701.45351, Occupations Code, establishing a requirement for every Texas law enforcement agency to maintain a confidential “department file” for each licensed peace officer it employs. This file is distinct from the officer’s official personnel file and must include any letter, memorandum, or document related to the officer that is not part of the personnel file. It specifically includes documentation of alleged misconduct for which the agency determined there was insufficient evidence to sustain the charge.
Under the bill, the head of a law enforcement agency or a designee must maintain this file, and prospective employing law enforcement agencies are entitled to review an applicant’s department file from prior employers. Agencies must also provide contents from the file to the Texas Commission on Law Enforcement (TCOLE) either upon request during an ongoing investigation or in accordance with the agency’s policies.
The department file is made confidential and exempt from disclosure under the Public Information Act, except in limited circumstances outlined in the bill. Information may only be released to authorized parties, and requests must be referred to the agency head or designee. Except as specifically provided, agencies are prohibited from releasing any information in the file to outside persons or agencies.
The Committee Substitute for SB 14 makes several notable changes from the originally filed bill.
In the original version, a “department file” is defined as a file maintained by a law enforcement agency for each license holder “for the agency’s use.” The Committee Substitute modifies this to specify that the file is maintained “for agency use for each license holder the agency employs,” which tightens the language to make clear it applies to currently employed license holders.
One significant difference is in how disclosure is handled. The original bill expressly allowed a department file to be subject to disclosure under Article 39.14, Code of Criminal Procedure (criminal case discovery) or Section 511.021, Government Code (access to jail records), and also permitted release if allowed under a “meet and confer” agreement entered before September 1, 2025. The Committee Substitute removes those explicit disclosure references, instead stating that a department file is “subject to disclosure only as required by law” and omits the meet-and-confer provision. This change narrows the express statutory access points and leaves disclosure more generally subject to other applicable laws.
Additionally, while both versions bar the release of information except in specific circumstances, the Committee Substitute more clearly enumerates that prior employing agencies must make the file available to a hiring law enforcement agency under Section 1701.451, and must provide file contents to TCOLE under certain conditions. The revised language also rearranges some subsections for clarity and makes minor wording adjustments to better align with existing Occupations Code terminology. Overall, the Committee Substitute narrows explicit statutory disclosure references, clarifies applicability to current employees, and refines procedural language.