Texas 2019 - 86th Regular

Texas House Bill HB1351 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1351
	1	+	By: Cortez, Davis of Dallas H.B. No. 1351
	2	+	(Senate Sponsor - Menéndez)
	3	+	(In the Senate - Received from the House May 6, 2019;
	4	+	May 7, 2019, read first time and referred to Committee on Veteran
	5	+	Affairs & Border Security; May 17, 2019, reported favorably by the
	6	+	following vote: Yeas 6, Nays 0; May 17, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the confidentiality of certain information concerning
6	13		service members of the United States armed forces and the state
7	14		military forces.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Subchapter A, Chapter 434, Government Code, is
10	17		amended by adding Section 434.0205 to read as follows:
11	18		Sec. 434.0205. CONFIDENTIALITY OF INFORMATION PROVIDED TO
12	19		COMMISSION. Any information provided by a person to the commission
13	20		to receive services or participate in commission programs is
14	21		confidential and not subject to disclosure under Chapter 552.
15	22		SECTION 2. Section 552.117(a), Government Code, as amended
16	23		by Chapters 34 (S.B. 1576), 190 (S.B. 42), and 1006 (H.B. 1278),
17	24		Acts of the 85th Legislature, Regular Session, 2017, is reenacted
18	25		and amended to read as follows:
19	26		(a) Information is excepted from the requirements of
20	27		Section 552.021 if it is information that relates to the home
21	28		address, home telephone number, emergency contact information, or
22	29		social security number of the following person or that reveals
23	30		whether the person has family members:
24	31		(1) a current or former official or employee of a
25	32		governmental body, except as otherwise provided by Section 552.024;
26	33		(2) a peace officer as defined by Article 2.12, Code of
27	34		Criminal Procedure, or a security officer commissioned under
28	35		Section 51.212, Education Code, regardless of whether the officer
29	36		complies with Section 552.024 or 552.1175, as applicable;
30	37		(3) a current or former employee of the Texas
31	38		Department of Criminal Justice or of the predecessor in function of
32	39		the department or any division of the department, regardless of
33	40		whether the current or former employee complies with Section
34	41		552.1175;
35	42		(4) a peace officer as defined by Article 2.12, Code of
36	43		Criminal Procedure, or other law, a reserve law enforcement
37	44		officer, a commissioned deputy game warden, or a corrections
38	45		officer in a municipal, county, or state penal institution in this
39	46		state who was killed in the line of duty, regardless of whether the
40	47		deceased complied with Section 552.024 or 552.1175;
41	48		(5) a commissioned security officer as defined by
42	49		Section 1702.002, Occupations Code, regardless of whether the
43	50		officer complies with Section 552.024 or 552.1175, as applicable;
44	51		(6) an officer or employee of a community supervision
45	52		and corrections department established under Chapter 76 who
46	53		performs a duty described by Section 76.004(b), regardless of
47	54		whether the officer or employee complies with Section 552.024 or
48	55		552.1175;
49	56		(7) a current or former employee of the office of the
50	57		attorney general who is or was assigned to a division of that office
51	58		the duties of which involve law enforcement, regardless of whether
52	59		the current or former employee complies with Section 552.024 or
53	60		552.1175;
54	61		(8) a current or former employee of the Texas Juvenile
55	62		Justice Department or of the predecessors in function of the
56	63		department, regardless of whether the current or former employee
57	64		complies with Section 552.024 or 552.1175;
58	65		(9) a current or former juvenile probation or
59	66		supervision officer certified by the Texas Juvenile Justice
60	67		Department, or the predecessors in function of the department,
61	68		under Title 12, Human Resources Code, regardless of whether the
62	69		current or former officer complies with Section 552.024 or
63	70		552.1175;
64	71		(10) a current or former employee of a juvenile
65	72		justice program or facility, as those terms are defined by Section
66	73		261.405, Family Code, regardless of whether the current or former
67	74		employee complies with Section 552.024 or 552.1175;
68	75		(11) a current or former member of the United States
69	76		Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
70	77		service of one of those branches of the armed forces, or the Texas
71	78		military forces, as that term is defined by Section 437.001; [or]
72	79		(12) a current or former district attorney, criminal
73	80		district attorney, or county or municipal attorney whose
74	81		jurisdiction includes any criminal law or child protective services
75	82		matters, regardless of whether the current or former attorney
76	83		complies with Section 552.024 or 552.1175; [or]
77	84		(13) a current or former employee of a district
78	85		attorney, criminal district attorney, or county or municipal
79	86		attorney whose jurisdiction includes any criminal law or child
80	87		protective services matters, regardless of whether the current or
81	88		former employee complies with Section 552.024 or 552.1175;
82	89		(14) [(12)] a current or former employee of the Texas
83	90		Civil Commitment Office or of the predecessor in function of the
84	91		office or a division of the office, regardless of whether the
85	92		current or former employee complies with Section 552.024 or
86	93		552.1175; or
87	94		(15) [(12)] a current or former federal judge or state
88	95		judge, as those terms are defined by Section 13.0021(a), Election
89	96		Code, or a spouse of a current or former federal judge or state
90	97		judge[; or
91	98		[(13) a current or former district attorney, criminal
92	99		district attorney, or county attorney whose jurisdiction includes
93	100		any criminal law or child protective services matter].
94	101		SECTION 3. The heading to Section 552.1175, Government
95	102		Code, is amended to read as follows:
96	103		Sec. 552.1175. EXCEPTION: CONFIDENTIALITY OF CERTAIN
97	104		PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER
98	105		OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS [, COUNTY
99	106		JAILERS, SECURITY OFFICERS, EMPLOYEES OF CERTAIN STATE AGENCIES OR
100	107		CERTAIN CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND
101	108		FEDERAL AND STATE JUDGES].
102	109		SECTION 4. Section 552.1175(a), Government Code, is amended
103	110		to read as follows:
104	111		(a) This section applies only to:
105	112		(1) peace officers as defined by Article 2.12, Code of
106	113		Criminal Procedure;
107	114		(2) county jailers as defined by Section 1701.001,
108	115		Occupations Code;
109	116		(3) current or former employees of the Texas
110	117		Department of Criminal Justice or of the predecessor in function of
111	118		the department or any division of the department;
112	119		(4) commissioned security officers as defined by
113	120		Section 1702.002, Occupations Code;
114	121		(5) a current or former district attorney, criminal
115	122		district attorney, or county or municipal attorney whose
116	123		jurisdiction includes any criminal law or child protective services
117	124		matters;
118	125		(5-a) a current or former employee of a district
119	126		attorney, criminal district attorney, or county or municipal
120	127		attorney whose jurisdiction includes any criminal law or child
121	128		protective services matters;
122	129		(6) officers and employees of a community supervision
123	130		and corrections department established under Chapter 76 who perform
124	131		a duty described by Section 76.004(b);
125	132		(7) criminal investigators of the United States as
126	133		described by Article 2.122(a), Code of Criminal Procedure;
127	134		(8) police officers and inspectors of the United
128	135		States Federal Protective Service;
129	136		(9) current and former employees of the office of the
130	137		attorney general who are or were assigned to a division of that
131	138		office the duties of which involve law enforcement;
132	139		(10) current or former juvenile probation and
133	140		detention officers certified by the Texas Juvenile Justice
134	141		Department, or the predecessors in function of the department,
135	142		under Title 12, Human Resources Code;
136	143		(11) current or former employees of a juvenile justice
137	144		program or facility, as those terms are defined by Section 261.405,
138	145		Family Code;
139	146		(12) current or former employees of the Texas Juvenile
140	147		Justice Department or the predecessors in function of the
141	148		department;
142	149		(13) federal judges and state judges as defined by
143	150		Section 13.0021, Election Code; [and]
144	151		(14) current or former employees of the Texas Civil
145	152		Commitment Office or of the predecessor in function of the office or
146	153		a division of the office; and
147	154		(15) a current or former member of the United States
148	155		Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
149	156		service of one of those branches of the armed forces, or the Texas
150	157		military forces, as that term is defined by Section 437.001.
151	158		SECTION 5. The changes in law made by this Act apply only to
152	159		a request for information that is received by a governmental body or
153	160		an officer on or after the effective date of this Act. A request for
154	161		information that was received before the effective date of this Act
155	162		is governed by the law in effect on the date the request was
156	163		received, and the former law is continued in effect for that
157	164		purpose.
158	165		SECTION 6. To the extent of any conflict, this Act prevails
159	166		over another Act of the 86th Legislature, Regular Session, 2019,
160	167		relating to nonsubstantive additions to and corrections in enacted
161	168		codes.
162	169		SECTION 7. This Act takes effect September 1, 2019.
163		-	______________________________ ______________________________
164		-	President of the Senate Speaker of the House
165		-	I certify that H.B. No. 1351 was passed by the House on May 3,
166		-	2019, by the following vote: Yeas 140, Nays 0, 2 present, not
167		-	voting.
168		-	______________________________
169		-	Chief Clerk of the House
170		-	I certify that H.B. No. 1351 was passed by the Senate on May
171		-	20, 2019, by the following vote: Yeas 31, Nays 0.
172		-	______________________________
173		-	Secretary of the Senate
174		-	APPROVED: _____________________
175		-	Date
176		-	_____________________
177		-	Governor
	170	+	* * * * *