Texas 2017 - 85th Regular

Texas House Bill HB3640 Compare Versions

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1-85R24398 TJB-D
1+85R6630 TJB-D
22 By: Hunter H.B. No. 3640
3- Substitute the following for H.B. No. 3640:
4- By: King of Parker C.S.H.B. No. 3640
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75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to the confidentiality of an emergency call.
108 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
119 SECTION 1. Subchapter C, Chapter 552, Government Code, is
1210 amended by adding Section 552.157 to read as follows:
1311 Sec. 552.157. EXCEPTION: CONFIDENTIALITY OF CONTENT OF
1412 EMERGENCY CALL. (a) A recording or transcript of an emergency call
1513 made to a public safety agency or a public safety answering point,
1614 as those terms are defined by Section 772.001, Health and Safety
1715 Code, is confidential.
18- (b) A governmental body shall disclose information that is
19- confidential under this section and that is not confidential or
20- otherwise excepted from required disclosure under another
21- provision of law to a requestor who:
22- (1) has the express consent of the person who placed
23- the emergency call or of a legal representative of the person;
24- (2) is an investigator licensed under Chapter 1702,
25- Occupations Code, who certifies that the information will only be
26- used in conjunction with a civil, criminal, administrative, or
27- arbitral proceeding in a court or government agency, including
28- service of process, investigation in anticipation of litigation,
29- execution or enforcement of a judgment or order, or under any order
30- of any court; or
31- (3) is a first responder as defined by Section
32- 421.095.
33- (c) A governmental body may withhold a recording or
34- transcript described by Subsection (a) without the necessity of
35- requesting a decision from the attorney general under Subchapter G.
16+ (b) Information that is confidential under this section may
17+ be disclosed only with the express consent of the person who placed
18+ the emergency call or of a legal representative of the person.
3619 SECTION 2. This Act takes effect immediately if it receives
3720 a vote of two-thirds of all the members elected to each house, as
3821 provided by Section 39, Article III, Texas Constitution. If this
3922 Act does not receive the vote necessary for immediate effect, this
4023 Act takes effect September 1, 2017.