The department generally may not disclose commissioned officers’ personnel records to the public, but it must release certain listed items and may release records in a few specific situations.
Sec. 411.00755. PERSONNEL RECORDS OF COMMISSIONED OFFICERS. (a) In this section: (1) "Personnel record" includes any letter, memorandum, or document maintained by the department that relates to a commissioned officer of the department, 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 complaint investigations, employment-related grievances, and school transcripts. (2) "Disciplinary action" has the meaning assigned by Section 411.0072(a)(1). (b) The personnel records of a commissioned officer of the department may not be disclosed or otherwise made available to the public, except the department shall release in accordance with Chapter 552: (1) any letter, memorandum, or document relating to: (A) a commendation, congratulation, or honor bestowed on the officer for an action, duty, or activity that relates to the officer's official duties; and (B) misconduct by the officer, if the letter, memorandum, or document resulted in disciplinary action; (2) the state application for employment submitted by the officer, but not including any attachments to the application; (3) any reference letter submitted by the officer; (4) any letter of recommendation for the officer; (5) any employment contract with the officer; (6) any periodic evaluation of the officer by a supervisor; (7) any document recording a promotion or demotion of the officer; (8) any request for leave by the officer; (9) any request by the officer for transfers of shift or duty assignments; (10) any documents presented to the commission in connection with a public hearing under Section 411.007(f); (11) the officer's: (A) name; (B) age; (C) dates of employment; (D) positions held; and (E) gross salary; and (12) information about the location of the officer's department duty assignments. (c) The department may release any personnel record of a commissioned officer: (1) pursuant to a subpoena or court order, including a discovery order; (2) for use by the department in an administrative hearing; or (3) with the written authorization of the officer who is the subject of the record. (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 2007, 80th Leg., R.S., Ch. 35 (S.B. 740), Sec. 1, eff. May 4, 2007. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 6.01, eff. September 1, 2009.