Top 5 This Week

Related Posts

Texas Legislation Proposes Permanent Secrecy For Officer Misconduct Files

The Texas Civil Rights Project (TCRP) is sounding the alarm over House Bill 2486, calling it a “dangerous expansion of police secrecy” that threatens public access to records of officer misconduct, according to a press release. 

HB 2486 is currently under consideration by the Texas House Calendars Committee after passing unanimously out of the House Homeland Security, Public Safety & Veterans’ Affairs Committee. The legislation would require all law enforcement agencies across Texas to maintain a confidential “department file” on each licensed officer, containing records of alleged misconduct—even in cases where the agency opts not to impose discipline. Under the bill, these files would be permanently closed to public scrutiny.

“This dangerous bill expands police secrecy at a moment when the public demands greater transparency and sends the message to all Texas police that the use of their enormous powers will not be scrutinized,” said Chris Harris, Associate Director of Advocacy at TCRP.

According to the organization, HB 2486 could directly undermine local accountability measures, including reforms passed by Austin voters in 2022 that increased access to certain police misconduct records. TCRP argues that the bill would incentivize agencies to forgo discipline in order to withhold misconduct information from the public.

“HB 2486 creates a dangerous incentive to NOT hold officers accountable in instances where their conduct may embarrass the agency because then the agency can keep all the information about their conduct secret forever,” Harris said.

State Rep. Cole Hefner, author of HB 2486, signaled that the bill was motivated by the battle over the G file in Austin. “Personnel files for Texas law enforcement officers have become a political pawn in recent years,” Hefner said. “Confidentiality should not be dependent on which law enforcement agency … you are employed by.”

The proposed legislation appears to be modeled after the “G file” provision in state law, which allows cities that have opted into civil service protections to maintain confidential personnel files for police officers and firefighters. Under current law, these G files include disciplinary and misconduct records that are shielded from public access—but only in cities where voters have approved such protections, like Austin did in 1948. Unlike the G file system, however, HB 2486 and SB 781 would impose this confidentiality statewide, without voter approval, effectively creating a mandatory, undisclosed record system for every law enforcement officer in Texas.

The bill, set to take effect on September 1, 2025, also outlines specific requirements for law enforcement agencies to maintain detailed department files for each licensed employee. These files will include letters, memoranda, and documents related to the employee, including records of alleged misconduct—even if there was insufficient evidence to sustain charges. This comprehensive record-keeping system is intended to support internal transparency within agencies.

However, HB 2486 restricts the release of information contained in these department files. Except in specific cases, agencies cannot share these records with other entities or individuals, reinforcing the confidentiality of sensitive employee information. Instead, requests for such information must be directed to the agency head or their designee.

The bill also grants hiring agencies the right to review the department files of prospective employees, enhancing the vetting process for law enforcement personnel. Additionally, agencies must provide relevant file contents to the Texas Commission on Law Enforcement as part of ongoing investigations.

By establishing clear guidelines for the maintenance, access, and confidentiality of law enforcement employee records, HB 2486 aims to balance transparency with privacy, ultimately strengthening trust in Texas law enforcement agencies. However, critics argue that the bill’s emphasis on secrecy could undermine public accountability and community trust.

“We cannot build safe communities through secrecy,” Harris added. “Our communities deserve public safety that is rooted in justice, transparency and accountability.”

Jovanka Palacios
Jovanka Palacios
Jovanka Palacios, a Mexican-American Politics Reporter and Managing Editor at RA's Gun Violence Watch, unveils the Capitol's inner workings. Focused on Public Education and Gun Policies, she passionately advocates for informed dialogue, delivering concise, impactful insights into the intricate political landscape.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Award-App Footer

Download our award-winning app