1 | 1 | | 85R8623 TJB-D |
---|
2 | 2 | | By: Goldman H.B. No. 3222 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to the availability under the public information law of |
---|
8 | 8 | | certain documents filed with a county clerk or a district clerk. |
---|
9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
10 | 10 | | SECTION 1. Section 552.117, Government Code, is amended to |
---|
11 | 11 | | read as follows: |
---|
12 | 12 | | Sec. 552.117. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
---|
13 | 13 | | ADDRESSES, TELEPHONE NUMBERS, SOCIAL SECURITY NUMBERS, AND |
---|
14 | 14 | | PERSONAL FAMILY INFORMATION. [(a)] Information is excepted from |
---|
15 | 15 | | the requirements of Section 552.021 if it is information that |
---|
16 | 16 | | relates to the home address, home telephone number, emergency |
---|
17 | 17 | | contact information, or social security number of the following |
---|
18 | 18 | | person or that reveals whether the person has family members: |
---|
19 | 19 | | (1) a current or former official or employee of a |
---|
20 | 20 | | governmental body, except as otherwise provided by Section 552.024; |
---|
21 | 21 | | (2) a peace officer as defined by Article 2.12, Code of |
---|
22 | 22 | | Criminal Procedure, or a security officer commissioned under |
---|
23 | 23 | | Section 51.212, Education Code, regardless of whether the officer |
---|
24 | 24 | | complies with Section 552.024 or 552.1175, as applicable; |
---|
25 | 25 | | (3) a current or former employee of the Texas |
---|
26 | 26 | | Department of Criminal Justice or of the predecessor in function of |
---|
27 | 27 | | the department or any division of the department, regardless of |
---|
28 | 28 | | whether the current or former employee complies with Section |
---|
29 | 29 | | 552.1175; |
---|
30 | 30 | | (4) a peace officer as defined by Article 2.12, Code of |
---|
31 | 31 | | Criminal Procedure, or other law, a reserve law enforcement |
---|
32 | 32 | | officer, a commissioned deputy game warden, or a corrections |
---|
33 | 33 | | officer in a municipal, county, or state penal institution in this |
---|
34 | 34 | | state who was killed in the line of duty, regardless of whether the |
---|
35 | 35 | | deceased complied with Section 552.024 or 552.1175; |
---|
36 | 36 | | (5) a commissioned security officer as defined by |
---|
37 | 37 | | Section 1702.002, Occupations Code, regardless of whether the |
---|
38 | 38 | | officer complies with Section 552.024 or 552.1175, as applicable; |
---|
39 | 39 | | (6) an officer or employee of a community supervision |
---|
40 | 40 | | and corrections department established under Chapter 76 who |
---|
41 | 41 | | performs a duty described by Section 76.004(b), regardless of |
---|
42 | 42 | | whether the officer or employee complies with Section 552.024 or |
---|
43 | 43 | | 552.1175; |
---|
44 | 44 | | (7) a current or former employee of the office of the |
---|
45 | 45 | | attorney general who is or was assigned to a division of that office |
---|
46 | 46 | | the duties of which involve law enforcement, regardless of whether |
---|
47 | 47 | | the current or former employee complies with Section 552.024 or |
---|
48 | 48 | | 552.1175; |
---|
49 | 49 | | (8) a current or former employee of the Texas Juvenile |
---|
50 | 50 | | Justice Department or of the predecessors in function of the |
---|
51 | 51 | | department, regardless of whether the current or former employee |
---|
52 | 52 | | complies with Section 552.024 or 552.1175; |
---|
53 | 53 | | (9) a current or former juvenile probation or |
---|
54 | 54 | | supervision officer certified by the Texas Juvenile Justice |
---|
55 | 55 | | Department, or the predecessors in function of the department, |
---|
56 | 56 | | under Title 12, Human Resources Code, regardless of whether the |
---|
57 | 57 | | current or former officer complies with Section 552.024 or |
---|
58 | 58 | | 552.1175; |
---|
59 | 59 | | (10) a current or former employee of a juvenile |
---|
60 | 60 | | justice program or facility, as those terms are defined by Section |
---|
61 | 61 | | 261.405, Family Code, regardless of whether the current or former |
---|
62 | 62 | | employee complies with Section 552.024 or 552.1175; [or] |
---|
63 | 63 | | (11) a current or former member of the Texas military |
---|
64 | 64 | | forces, as that term is defined by Section 437.001; or |
---|
65 | 65 | | (12) a current legal spouse of a person listed in this |
---|
66 | 66 | | section, regardless of whether the spouse complies with Section |
---|
67 | 67 | | 552.1175. |
---|
68 | 68 | | [(b) All documents filed with a county clerk and all |
---|
69 | 69 | | documents filed with a district clerk are exempt from this |
---|
70 | 70 | | section.] |
---|
71 | 71 | | SECTION 2. Section 552.1175(a), Government Code, is amended |
---|
72 | 72 | | to read as follows: |
---|
73 | 73 | | (a) This section applies only to: |
---|
74 | 74 | | (1) peace officers as defined by Article 2.12, Code of |
---|
75 | 75 | | Criminal Procedure; |
---|
76 | 76 | | (2) county jailers as defined by Section 1701.001, |
---|
77 | 77 | | Occupations Code; |
---|
78 | 78 | | (3) current or former employees of the Texas |
---|
79 | 79 | | Department of Criminal Justice or of the predecessor in function of |
---|
80 | 80 | | the department or any division of the department; |
---|
81 | 81 | | (4) commissioned security officers as defined by |
---|
82 | 82 | | Section 1702.002, Occupations Code; |
---|
83 | 83 | | (5) employees of a district attorney, criminal |
---|
84 | 84 | | district attorney, or county or municipal attorney whose |
---|
85 | 85 | | jurisdiction includes any criminal law or child protective services |
---|
86 | 86 | | matters; |
---|
87 | 87 | | (6) officers and employees of a community supervision |
---|
88 | 88 | | and corrections department established under Chapter 76 who perform |
---|
89 | 89 | | a duty described by Section 76.004(b); |
---|
90 | 90 | | (7) criminal investigators of the United States as |
---|
91 | 91 | | described by Article 2.122(a), Code of Criminal Procedure; |
---|
92 | 92 | | (8) police officers and inspectors of the United |
---|
93 | 93 | | States Federal Protective Service; |
---|
94 | 94 | | (9) current and former employees of the office of the |
---|
95 | 95 | | attorney general who are or were assigned to a division of that |
---|
96 | 96 | | office the duties of which involve law enforcement; |
---|
97 | 97 | | (10) current or former juvenile probation and |
---|
98 | 98 | | detention officers certified by the Texas Juvenile Justice |
---|
99 | 99 | | Department, or the predecessors in function of the department, |
---|
100 | 100 | | under Title 12, Human Resources Code; |
---|
101 | 101 | | (11) current or former employees of a juvenile justice |
---|
102 | 102 | | program or facility, as those terms are defined by Section 261.405, |
---|
103 | 103 | | Family Code; |
---|
104 | 104 | | (12) current or former employees of the Texas Juvenile |
---|
105 | 105 | | Justice Department or the predecessors in function of the |
---|
106 | 106 | | department; [and] |
---|
107 | 107 | | (13) federal judges and state judges as defined by |
---|
108 | 108 | | Section 13.0021, Election Code; and |
---|
109 | 109 | | (14) the current legal spouse of an individual listed |
---|
110 | 110 | | in this subsection. |
---|
111 | 111 | | SECTION 3. Section 552.1175(e), Government Code, is |
---|
112 | 112 | | repealed. |
---|
113 | 113 | | SECTION 4. The changes in law made by this Act apply only to |
---|
114 | 114 | | a request for information that is received by a governmental body or |
---|
115 | 115 | | an officer for public information on or after the effective date of |
---|
116 | 116 | | this Act. A request for information that was received before the |
---|
117 | 117 | | effective date of this Act is governed by the law in effect on the |
---|
118 | 118 | | date the request was received, and the former law is continued in |
---|
119 | 119 | | effect for that purpose. |
---|
120 | 120 | | SECTION 5. This Act takes effect January 1, 2018. |
---|