The Texas Senate has approved a bill that would block public access to some portions of police personnel records, including unsubstantiated complaints, under the Texas Public Information Act (TPIA).
Senate Bill 14, filed by Sen. Phil King (R-Weatherford), would adopt a “model policy” from the Texas Commission on Law Enforcement (TCOLE). The policy would require law enforcement agencies to store documents related to alleged misconduct without sufficient evidence in a separate “department file.” This file—sometimes called a “G-file”—would not be available to the public through open records requests.
The department file could still be accessed for criminal investigations, lawsuits, TCOLE investigations, hiring by other law enforcement agencies, or under “meet and confer” agreements between police unions and municipalities. It could also include information such as an officer’s attendance records, home address, and family members’ names.
King said the bill’s revised language ensures that the information will still be released “as required anywhere else by law” and that it would not override “meet and confer” agreements. He also noted that many cities with civil service systems for police and firefighters already keep these files confidential.
“There’s no consistency among law enforcement agencies regarding what files are made public and what files are not made public,” said King, a former Fort Worth Police Department captain.
The measure drew opposition from Democrats, including Sen. Borris Miles (D-Houston), who warned it could limit public oversight.
“I am concerned about this bill,” said Miles. “It could limit the access of important information about police conduct. Transparency is key to accountability, and restricting what is disclosed may reduce trust and make it harder for the public to stay informed.”
Miles offered a hypothetical scenario in which residents might report an officer “tasing a citizen for jaywalking … which never leads to a charge and this incident is placed in a department file.” King responded that such information would be disclosed if tied to a criminal investigation, lawsuit, or prosecution, but not through a TPIA request if still under investigation.
“That raises the hair on the back of my neck,” Miles replied.
Miles also pressed King on safeguards to prevent abuse. King said existing TPIA enforcement mechanisms would apply. He explained that public personnel files would still include substantiated disciplinary actions, written reprimands, suspensions without pay, and all commendations.
“The fact of the matter is that your best officers, the ones that are working the hardest, that are not just trying to pick up a paycheck, they do end up getting more complaints filed on them,” King said. “And often that is because the people they arrest will file complaints as a way of fighting back against the charges that are going to be out there.”
During earlier hearings, some witnesses testified that officers face many unfounded complaints, while others warned that small departments might conceal patterns of misconduct.
Sen. Juan “Chuy” Hinojosa (D-McAllen) sought to amend the bill so only unsubstantiated complaints could be placed in the confidential file. King opposed the change, arguing it would require disclosure of unrelated private information like credit history and coaching documents. The amendment failed.
0 Comments