| 1 | 1 | | 85R7318 EES-F |
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| 2 | 2 | | By: Davis of Harris H.B. No. 1380 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the disclosure to a law enforcement agency of |
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| 8 | 8 | | confidential information relating to a complaint filed with the |
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| 9 | 9 | | Texas Ethics Commission; creating a criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 571.140(a), Government Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (a) Except as provided by Subsection (b) or (b-1) or by |
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| 14 | 14 | | Section 571.1401 or 571.171, proceedings at a preliminary review |
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| 15 | 15 | | hearing performed by the commission, a sworn complaint, and |
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| 16 | 16 | | documents and any additional evidence relating to the processing, |
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| 17 | 17 | | preliminary review, preliminary review hearing, or resolution of a |
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| 18 | 18 | | sworn complaint or motion are confidential and may not be disclosed |
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| 19 | 19 | | unless entered into the record of a formal hearing or a judicial |
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| 20 | 20 | | proceeding, except that a document or statement that was previously |
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| 21 | 21 | | public information remains public information. |
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| 22 | 22 | | SECTION 2. Subchapter E, Chapter 571, Government Code, is |
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| 23 | 23 | | amended by adding Section 571.1401 to read as follows: |
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| 24 | 24 | | Sec. 571.1401. CERTAIN DISCLOSURE OF INFORMATION. (a) To |
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| 25 | 25 | | protect the public interest, the commission may disclose to a law |
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| 26 | 26 | | enforcement agency information that is confidential under Section |
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| 27 | 27 | | 571.140(a). |
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| 28 | 28 | | (b) The commission may disclose information under this |
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| 29 | 29 | | section only to the extent necessary for the recipient of the |
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| 30 | 30 | | information to perform a duty or function that is in addition to the |
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| 31 | 31 | | commission's duties and functions. |
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| 32 | 32 | | (c) Information disclosed to a law enforcement agency under |
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| 33 | 33 | | this section remains confidential, and the agency must take |
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| 34 | 34 | | appropriate measures to maintain that confidentiality. |
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| 35 | 35 | | (d) A person commits an offense if the person discloses |
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| 36 | 36 | | confidential information obtained under this section. An offense |
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| 37 | 37 | | under this subsection is a Class C misdemeanor. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2017. |
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