| 1 | 1 | | 84R23386 LEH-D |
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| 2 | 2 | | By: Bohac H.B. No. 2359 |
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| 3 | 3 | | Substitute the following for H.B. No. 2359: |
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| 4 | 4 | | By: Phillips C.S.H.B. No. 2359 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to prohibiting the Department of Public Safety from |
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| 10 | 10 | | responding to bulk requests from the federal government for lists |
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| 11 | 11 | | of individuals licensed to carry a concealed handgun. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 411.192, Government Code, is amended by |
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| 14 | 14 | | amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | (a) In this section: |
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| 17 | 17 | | (1) "Bulk request" means a request for all or a |
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| 18 | 18 | | significant portion of the names or other personal information of |
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| 19 | 19 | | applicants or licensees who: |
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| 20 | 20 | | (A) reside within a certain geographical area; or |
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| 21 | 21 | | (B) applied for a license or were licensed within |
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| 22 | 22 | | a certain period. |
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| 23 | 23 | | (2) "Criminal justice agency" has the meaning assigned |
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| 24 | 24 | | by Article 60.01, Code of Criminal Procedure. |
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| 25 | 25 | | (a-1) Subject to Subsection (a-2), the [The] department |
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| 26 | 26 | | may, only in response to a subpoena issued in a criminal proceeding, |
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| 27 | 27 | | [shall] disclose to a criminal justice agency information contained |
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| 28 | 28 | | in its files and records regarding whether a named individual or any |
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| 29 | 29 | | individual named in a specified list is licensed under this |
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| 30 | 30 | | subchapter. Information on an individual subject to disclosure |
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| 31 | 31 | | under this section includes the individual's name, date of birth, |
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| 32 | 32 | | gender, race, zip code, telephone number, e-mail address, and |
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| 33 | 33 | | Internet website address. Except as otherwise provided by this |
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| 34 | 34 | | section and by Section 411.193, all other records maintained under |
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| 35 | 35 | | this subchapter are confidential and are not subject to mandatory |
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| 36 | 36 | | disclosure under the open records law, Chapter 552. |
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| 37 | 37 | | (a-2) To the extent allowed by federal law, the department, |
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| 38 | 38 | | in response to a bulk request made by a federal criminal justice |
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| 39 | 39 | | agency, may not provide to the agency a list of individuals licensed |
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| 40 | 40 | | to carry a concealed handgun under this subchapter. |
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| 41 | 41 | | SECTION 2. This Act takes effect September 1, 2015. |
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