Texas 2009 - 81st Regular

Texas Senate Bill SB390 Compare Versions

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1	1	S.B. No. 390
2	2
3	3
4	4	AN ACT
5	5	relating to confidentiality of certain information under the public
6	6	information law and in local tax appraisal records regarding
7	7	federal law enforcement officers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsections (a) and (c), Article 2.122, Code of
10	10	Criminal Procedure, are amended to read as follows:
11	11	(a) The following named criminal investigators of the
12	12	United States shall not be deemed peace officers, but shall have the
13	13	powers of arrest, search and seizure as to felony offenses only
14	14	under the laws of the State of Texas:
15	15	(1) Special Agents of the Federal Bureau of
16	16	Investigation;
17	17	(2) Special Agents of the Secret Service;
18	18	(3) Special Agents of the United States Immigration
19	19	andCustoms Enforcement [Service];
20	20	(4) Special Agents of Alcohol, Tobacco and Firearms;
21	21	(5) Special Agents of Federal Drug Enforcement Agency;
22	22	(6) Inspectors of the United States Postal Service;
23	23	(7) Special Agents of the Criminal Investigation
24	24	Division and Inspectors of the Internal Security Division of the
25	25	Internal Revenue Service;
26	26	(8) Civilian Special Agents of the United States Naval
27	27	Investigative Service;
28	28	(9) Marshals and Deputy Marshals of the United States
29	29	Marshals Service;
30	30	(10) Special Agents of the United States Citizenship
31	31	and Immigration Services [Immigration and Naturalization Service];
32	32	and
33	33	(11) Special Agents of the United States Department of
34	34	State, Bureau of Diplomatic Security.
35	35	(c) A Customs and Border Protection Officer of the United
36	36	States Customs and Border Protection [customs inspector of the
37	37	United States Customs Service] or a Border Patrol agent,
38	38	immigration enforcement agent, or deportation [border patrolman or
39	39	immigration] officer of the Department of Homeland Security [United
40	40	States Department of Justice] is not a peace officer under the laws
41	41	of this state but, on the premises of a port facility designated by
42	42	the commissioner of the United States Customs and Border Protection
43	43	[Immigration and Naturalization Service] as a port of entry for
44	44	arrival in the United States by land transportation from the United
45	45	Mexican States into the State of Texas or at a permanent established
46	46	border patrol traffic check point, has the authority to detain a
47	47	person pending transfer without unnecessary delay to a peace
48	48	officer if the agent [inspector, patrolman,] or officer has
49	49	probable cause to believe that the person has engaged in conduct
50	50	that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal
51	51	Code, regardless of whether the violation may be disposed of in a
52	52	criminal proceeding or a juvenile justice proceeding.
53	53	SECTION 2. Subsection (a), Section 552.1175, Government
54	54	Code, is amended to read as follows:
55	55	(a) This section applies only to:
56	56	(1) peace officers as defined by Article 2.12, Code of
57	57	Criminal Procedure;
58	58	(2) county jailers as defined by Section 1701.001,
59	59	Occupations Code;
60	60	(3) current or former employees of the Texas
61	61	Department of Criminal Justice or of the predecessor in function of
62	62	the department or any division of the department;
63	63	(4) commissioned security officers as defined by
64	64	Section 1702.002, Occupations Code;
65	65	(5) employees of a district attorney, criminal
66	66	district attorney, or county or municipal attorney whose
67	67	jurisdiction includes any criminal law or child protective services
68	68	matters; [and]
69	69	(6) officers and employees of a community supervision
70	70	and corrections department established under Chapter 76 who perform
71	71	a duty described by Section 76.004(b);
72	72	(7) criminal investigators of the United States as
73	73	described by Article 2.122(a), Code of Criminal Procedure; and
74	74	(8) police officers and inspectors of the United
75	75	States Federal Protective Service.
76	76	SECTION 3. Subsection (a), Section 25.025, Tax Code, as
77	77	amended by Chapters 594 (H.B. 41), 621 (H.B. 455), and 851 (H.B.
78	78	1141), Acts of the 80th Legislature, Regular Session, 2007, is
79	79	reenacted and amended to read as follows:
80	80	(a) This section applies only to:
81	81	(1) a current or former peace officer as defined by
82	82	Article 2.12, Code of Criminal Procedure;
83	83	(2) a county jailer as defined by Section 1701.001,
84	84	Occupations Code;
85	85	(3) an employee of the Texas Department of Criminal
86	86	Justice;
87	87	(4) a commissioned security officer as defined by
88	88	Section 1702.002, Occupations Code;
89	89	(5) a victim of family violence as defined by Section
90	90	71.004, Family Code, if as a result of the act of family violence
91	91	against the victim, the actor is convicted of a felony or a Class A
92	92	misdemeanor; [and]
93	93	(6) a federal judge or state judge;
94	94	(7) [(6)] a current or former employee of a district
95	95	attorney, criminal district attorney, or county or municipal
96	96	attorney whose jurisdiction includes any criminal law or child
97	97	protective services matters;
98	98	(8) [(6)] an officer or employee of a community
99	99	supervision and corrections department established under Chapter
100	100	76, Government Code, who performs a duty described by Section
101	101	76.004(b) of that code;
102	102	(9) a criminal investigator of the United States as
103	103	described by Article 2.122(a), Code of Criminal Procedure; and
104	104	(10) a police officer or inspector of the United
105	105	States Federal Protective Service.
106	106	SECTION 4. The changes in law made by this Act to Section
107	107	552.1175, Government Code, and Section 25.025, Tax Code, apply only
108	108	to a request for information that is received by a governmental body
109	109	or an officer for public information on or after the effective date
110	110	of this Act. A request for information that was received before the
111	111	effective date of this Act is governed by the law in effect on the
112	112	date the request was received, and the former law is continued in
113	113	effect for that purpose.
114	114	SECTION 5. This Act takes effect September 1, 2009.
115	115	______________________________ ______________________________
116	116	President of the Senate Speaker of the House
117	117	I hereby certify that S.B. No. 390 passed the Senate on
118	118	April 17, 2009, by the following vote: Yeas 28, Nays 0.
119	119	______________________________
120	120	Secretary of the Senate
121	121	I hereby certify that S.B. No. 390 passed the House on
122	122	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
123	123	present not voting.
124	124	______________________________
125	125	Chief Clerk of the House
126	126	Approved:
127	127	______________________________
128	128	Date
129	129	______________________________
130	130	Governor