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