84R23386 LEH-D
By: Bohac H.B. No. 2359
Substitute the following for H.B. No. 2359:
By: Phillips C.S.H.B. No. 2359
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the Department of Public Safety from
responding to bulk requests from the federal government for lists
of individuals licensed to carry a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.192, Government Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) In this section:
(1) "Bulk request" means a request for all or a
significant portion of the names or other personal information of
applicants or licensees who:
(A) reside within a certain geographical area; or
(B) applied for a license or were licensed within
a certain period.
(2) "Criminal justice agency" has the meaning assigned
by Article 60.01, Code of Criminal Procedure.
(a-1) Subject to Subsection (a-2), the [The] department
may, only in response to a subpoena issued in a criminal proceeding,
[shall] disclose to a criminal justice agency information contained
in its files and records regarding whether a named individual or any
individual named in a specified list is licensed under this
subchapter. Information on an individual subject to disclosure
under this section includes the individual's name, date of birth,
gender, race, zip code, telephone number, e-mail address, and
Internet website address. Except as otherwise provided by this
section and by Section 411.193, all other records maintained under
this subchapter are confidential and are not subject to mandatory
disclosure under the open records law, Chapter 552.
(a-2) To the extent allowed by federal law, the department,
in response to a bulk request made by a federal criminal justice
agency, may not provide to the agency a list of individuals licensed
to carry a concealed handgun under this subchapter.
SECTION 2. This Act takes effect September 1, 2015.