Texas 2017 85th Regular

Texas House Bill HB3222 Introduced / Bill

Filed 03/07/2017

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                    85R8623 TJB-D
 By: Goldman H.B. No. 3222


 A BILL TO BE ENTITLED
 AN ACT
 relating to the availability under the public information law of
 certain documents filed with a county clerk or a district clerk.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 552.117, Government Code, is amended to
 read as follows:
 Sec. 552.117.  EXCEPTION: CONFIDENTIALITY OF CERTAIN
 ADDRESSES, TELEPHONE NUMBERS, SOCIAL SECURITY NUMBERS, AND
 PERSONAL FAMILY INFORMATION.  [(a)]  Information is excepted from
 the requirements of Section 552.021 if it is information that
 relates to the home address, home telephone number, emergency
 contact information, or social security number of the following
 person or that reveals whether the person has family members:
 (1)  a current or former official or employee of a
 governmental body, except as otherwise provided by Section 552.024;
 (2)  a peace officer as defined by Article 2.12, Code of
 Criminal Procedure, or a security officer commissioned under
 Section 51.212, Education Code, regardless of whether the officer
 complies with Section 552.024 or 552.1175, as applicable;
 (3)  a current or former employee of the Texas
 Department of Criminal Justice or of the predecessor in function of
 the department or any division of the department, regardless of
 whether the current or former employee complies with Section
 552.1175;
 (4)  a peace officer as defined by Article 2.12, Code of
 Criminal Procedure, or other law, a reserve law enforcement
 officer, a commissioned deputy game warden, or a corrections
 officer in a municipal, county, or state penal institution in this
 state who was killed in the line of duty, regardless of whether the
 deceased complied with Section 552.024 or 552.1175;
 (5)  a commissioned security officer as defined by
 Section 1702.002, Occupations Code, regardless of whether the
 officer complies with Section 552.024 or 552.1175, as applicable;
 (6)  an officer or employee of a community supervision
 and corrections department established under Chapter 76 who
 performs a duty described by Section 76.004(b), regardless of
 whether the officer or employee complies with Section 552.024 or
 552.1175;
 (7)  a current or former employee of the office of the
 attorney general who is or was assigned to a division of that office
 the duties of which involve law enforcement, regardless of whether
 the current or former employee complies with Section 552.024 or
 552.1175;
 (8)  a current or former employee of the Texas Juvenile
 Justice Department or of the predecessors in function of the
 department, regardless of whether the current or former employee
 complies with Section 552.024 or 552.1175;
 (9)  a current or former juvenile probation or
 supervision officer certified by the Texas Juvenile Justice
 Department, or the predecessors in function of the department,
 under Title 12, Human Resources Code, regardless of whether the
 current or former officer complies with Section 552.024 or
 552.1175;
 (10)  a current or former employee of a juvenile
 justice program or facility, as those terms are defined by Section
 261.405, Family Code, regardless of whether the current or former
 employee complies with Section 552.024 or 552.1175; [or]
 (11)  a current or former member of the Texas military
 forces, as that term is defined by Section 437.001; or
 (12)  a current legal spouse of a person listed in this
 section, regardless of whether the spouse complies with Section
 552.1175.
 [(b)     All documents filed with a county clerk and all
 documents filed with a district clerk are exempt from this
 section.]
 SECTION 2.  Section 552.1175(a), Government Code, is amended
 to read as follows:
 (a)  This section applies only to:
 (1)  peace officers as defined by Article 2.12, Code of
 Criminal Procedure;
 (2)  county jailers as defined by Section 1701.001,
 Occupations Code;
 (3)  current or former employees of the Texas
 Department of Criminal Justice or of the predecessor in function of
 the department or any division of the department;
 (4)  commissioned security officers as defined by
 Section 1702.002, Occupations Code;
 (5)  employees of a district attorney, criminal
 district attorney, or county or municipal attorney whose
 jurisdiction includes any criminal law or child protective services
 matters;
 (6)  officers and employees of a community supervision
 and corrections department established under Chapter 76 who perform
 a duty described by Section 76.004(b);
 (7)  criminal investigators of the United States as
 described by Article 2.122(a), Code of Criminal Procedure;
 (8)  police officers and inspectors of the United
 States Federal Protective Service;
 (9)  current and former employees of the office of the
 attorney general who are or were assigned to a division of that
 office the duties of which involve law enforcement;
 (10)  current or former juvenile probation and
 detention officers certified by the Texas Juvenile Justice
 Department, or the predecessors in function of the department,
 under Title 12, Human Resources Code;
 (11)  current or former employees of a juvenile justice
 program or facility, as those terms are defined by Section 261.405,
 Family Code;
 (12)  current or former employees of the Texas Juvenile
 Justice Department or the predecessors in function of the
 department; [and]
 (13)  federal judges and state judges as defined by
 Section 13.0021, Election Code; and
 (14)  the current legal spouse of an individual listed
 in this subsection.
 SECTION 3.  Section 552.1175(e), Government Code, is
 repealed.
 SECTION 4.  The changes in law made by this Act apply only to
 a request for information that is received by a governmental body or
 an officer for public information 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 5.  This Act takes effect January 1, 2018.