85R18776 MAW-F
By: Herrero H.B. No. 2387
Substitute the following for H.B. No. 2387:
By: Moody C.S.H.B. No. 2387
A BILL TO BE ENTITLED
AN ACT
relating to disclosure and use of certain information regarding the
Crime Victims' Compensation Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 56, Code of Criminal
Procedure, is amended by adding Article 56.65 to read as follows:
Art. 56.65. DISCLOSURE AND USE OF INFORMATION. (a) This
article does not apply to information made confidential by law.
(b) An application for compensation under this subchapter
and any information, document, summary, or other record provided to
or received, maintained, or created by the attorney general under
this subchapter is:
(1) except as provided by Section 552.132(c),
Government Code, not subject to disclosure under Chapter 552 of
that code; and
(2) except as provided by Subsection (c), not subject
to disclosure, discovery, subpoena, or other means of legal
compulsion for release.
(c) The attorney general may not release or disclose an
application for compensation under this subchapter, or any
information, document, summary, or other record provided to or
received, maintained, or created by the attorney general under this
subchapter, except:
(1) by court order for good cause shown, if the order
includes a finding that the information is not available from any
other source;
(2) with the consent of:
(A) the claimant or victim; or
(B) the person that provided the information to
the attorney general;
(3) to an employee or other person under the direction
of the attorney general;
(4) to another crime victims' compensation program
that meets the requirements of 42 U.S.C. Section 10602(b);
(5) to a person authorized by the attorney general to
receive the information in order to:
(A) conduct an audit as required by state or
federal law;
(B) provide a review or examination under Article
56.38, 56.385, or 56.39 or under another provision of this
subchapter for the purpose of determining the appropriateness of an
award under this subchapter;
(C) prevent, deter, or punish fraud related to
this subchapter; or
(D) assert subrogation or restitution rights;
(6) as the attorney general determines necessary to
enforce this chapter, including presenting the application,
information, document, summary, or record in court; or
(7) in response to a subpoena that is issued in a
criminal proceeding and that requests an application for
compensation under this subchapter, subject to Subsection (d).
(d) If responding to a subpoena described by Subsection
(c)(7), the attorney general shall release only the victim's
completed application form as described by Article 56.36(a) after
redacting any confidential information described by Section
552.132(b), Government Code. The release of a victim's completed
application form under this subsection does not affect the
authority of the court to order the release or disclosure of
additional information under this article.
SECTION 2. The change in law made by this Act applies only
to a request for information that is received on or after the
effective date of this Act. A request for information that was
received before the effective date of this Act is governed by the
law in effect on the date the request was received, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.