Texas 2019 - 86th Regular

Texas House Bill HB2446 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2446
	1	+	By: Swanson, et al. (Senate Sponsor - Fallon) H.B. No. 2446
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 8, 2019, read first time and referred to Committee on Business &
	4	+	Commerce; May 20, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 8, Nays 0;
	6	+	May 20, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2446 By: Nichols
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the availability of certain information regarding
6	14		firefighters, volunteer firefighters, emergency medical services
7	15		personnel, and fire safety inspectors and the certification and
8	16		training for fire safety inspectors.
9	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	18		SECTION 1. Section 411.1235(a), Government Code, is amended
11	19		to read as follows:
12	20		(a) A volunteer fire department or a fire department
13	21		operated by an emergency services district is entitled to obtain
14	22		from the department criminal history record information maintained
15	23		by the department that relates to a person who:
16	24		(1) is required to be certified by the Texas
17	25		Commission on Fire Protection and:
18	26		(A) [(1)] is an applicant for a beginning
19	27		position with the fire department; or
20	28		(B) [(2)] currently holds a position with that
21	29		fire department; or
22	30		(2) holds a position with the fire department and
23	31		seeks to conduct fire safety inspections without becoming certified
24	32		as a fire inspector by the Texas Commission on Fire Protection.
25	33		SECTION 2. Section 411.129(a), Government Code, is amended
26	34		to read as follows:
27	35		(a) Except as provided by Subsection (b), a municipality is
28	36		entitled to obtain from the department criminal history record
29	37		information maintained by the department that relates to a person
30	38		who:
31	39		(1) is:
32	40		(A) [(1)] an applicant for employment by the
33	41		municipality;
34	42		(B) [(2)] an employee of the municipality;
35	43		(C) [(3)] an applicant for employment by or an
36	44		employee of a business or person that contracts with the
37	45		municipality;
38	46		(D) [(4)] a volunteer with the municipality; or
39	47		(E) [(5)] an applicant for a volunteer position
40	48		with the municipality; or
41	49		(2) seeks the municipality's authorization to conduct
42	50		fire safety inspections without becoming certified as a fire
43	51		inspector by the Texas Commission on Fire Protection.
44	52		SECTION 3. Section 419.909, Government Code, is amended by
45	53		amending Subsection (a) and adding Subsections (a-1) and (a-2) to
46	54		read as follows:
47	55		(a) Except as provided by Subsection (a-1), only [Only] an
48	56		individual certified by the commission as a fire inspector may
49	57		conduct a fire safety inspection required by a state or local law,
50	58		rule, regulation, or ordinance. The following entities may provide
51	59		training related to fire safety inspections:
52	60		(1) the commission or a training facility certified by
53	61		the commission;
54	62		(2) the State Firefighters' and Fire Marshals'
55	63		Association of Texas or a training facility approved by that
56	64		association;
57	65		(3) any state agency with authority over fire safety
58	66		inspections; or
59	67		(4) any local agency authorized to provide the
60	68		training by a state agency described by Subdivision (3).
61	69		(a-1) Subject to Subsection (a-2), for purposes of
62	70		conducting a fire safety inspection under Subsection (a), an
63	71		individual is not required to be certified by the commission if:
64	72		(1) the individual:
65	73		(A) has completed a course of training on fire
66	74		safety inspections offered by an entity described by Subsection (a)
67	75		that complies with NFPA Standard 1031: Fire Inspector I, 2014
68	76		Edition, "Standard for Professional Qualifications for Fire
69	77		Inspector and Plan Examiner," as published by the National Fire
70	78		Protection Association;
71	79		(B) is:
72	80		(i) a member of a volunteer fire
73	81		department; or
74	82		(ii) authorized to conduct fire safety
75	83		inspections by a municipality in which an emergency services
76	84		district is located if the municipality has adopted a fire safety
77	85		code; and
78	86		(C) has not been convicted of an offense that
79	87		involves family violence, as defined by Section 71.004, Family
80	88		Code, or a felony; and
81	89		(2) the inspection is conducted in:
82	90		(A) a county with a population of less than
83	91		100,000; or
84	92		(B) a political subdivision of this state that
85	93		employs fewer than five firefighters regulated by the commission.
86	94		(a-2) A volunteer fire department or a municipality
87	95		described by Subsection (a-1)(1)(B)(ii) may obtain an individual's
88	96		criminal history record information for use in conducting a
89	97		criminal history background check before authorizing the
90	98		individual to conduct fire safety inspections.
91	99		SECTION 4. Section 552.117(a), Government Code, as amended
92	100		by Chapters 34 (S.B. 1576), 190 (S.B. 42), and 1006 (H.B. 1278),
93	101		Acts of the 85th Legislature, Regular Session, 2017, is reenacted
94	102		and amended to read as follows:
95	103		(a) Information is excepted from the requirements of
96	104		Section 552.021 if it is information that relates to the home
97	105		address, home telephone number, emergency contact information, or
98	106		social security number of the following person or that reveals
99	107		whether the person has family members:
100	108		(1) a current or former official or employee of a
101	109		governmental body, except as otherwise provided by Section 552.024;
102	110		(2) a peace officer as defined by Article 2.12, Code of
103	111		Criminal Procedure, or a security officer commissioned under
104	112		Section 51.212, Education Code, regardless of whether the officer
105	113		complies with Section 552.024 or 552.1175, as applicable;
106	114		(3) a current or former employee of the Texas
107	115		Department of Criminal Justice or of the predecessor in function of
108	116		the department or any division of the department, regardless of
109	117		whether the current or former employee complies with Section
110	118		552.1175;
111	119		(4) a peace officer as defined by Article 2.12, Code of
112	120		Criminal Procedure, or other law, a reserve law enforcement
113	121		officer, a commissioned deputy game warden, or a corrections
114	122		officer in a municipal, county, or state penal institution in this
115	123		state who was killed in the line of duty, regardless of whether the
116	124		deceased complied with Section 552.024 or 552.1175;
117	125		(5) a commissioned security officer as defined by
118	126		Section 1702.002, Occupations Code, regardless of whether the
119	127		officer complies with Section 552.024 or 552.1175, as applicable;
120	128		(6) an officer or employee of a community supervision
121	129		and corrections department established under Chapter 76 who
122	130		performs a duty described by Section 76.004(b), regardless of
123	131		whether the officer or employee complies with Section 552.024 or
124	132		552.1175;
125	133		(7) a current or former employee of the office of the
126	134		attorney general who is or was assigned to a division of that office
127	135		the duties of which involve law enforcement, regardless of whether
128	136		the current or former employee complies with Section 552.024 or
129	137		552.1175;
130	138		(8) a current or former employee of the Texas Juvenile
131	139		Justice Department or of the predecessors in function of the
132	140		department, regardless of whether the current or former employee
133	141		complies with Section 552.024 or 552.1175;
134	142		(9) a current or former juvenile probation or
135	143		supervision officer certified by the Texas Juvenile Justice
136	144		Department, or the predecessors in function of the department,
137	145		under Title 12, Human Resources Code, regardless of whether the
138	146		current or former officer complies with Section 552.024 or
139	147		552.1175;
140	148		(10) a current or former employee of a juvenile
141	149		justice program or facility, as those terms are defined by Section
142	150		261.405, Family Code, regardless of whether the current or former
143	151		employee complies with Section 552.024 or 552.1175;
144	152		(11) a current or former member of the Texas military
145	153		forces, as that term is defined by Section 437.001; [or]
146	154		(12) a current or former district attorney, criminal
147	155		district attorney, or county or municipal attorney whose
148	156		jurisdiction includes any criminal law or child protective services
149	157		matters, regardless of whether the current or former attorney
150	158		complies with Section 552.024 or 552.1175; [or]
151	159		(13) a current or former employee of a district
152	160		attorney, criminal district attorney, or county or municipal
153	161		attorney whose jurisdiction includes any criminal law or child
154	162		protective services matters, regardless of whether the current or
155	163		former employee complies with Section 552.024 or 552.1175;
156	164		(14) [(12)] a current or former employee of the Texas
157	165		Civil Commitment Office or of the predecessor in function of the
158	166		office or a division of the office, regardless of whether the
159	167		current or former employee complies with Section 552.024 or
160	168		552.1175;
161	169		(15) [(12)] a current or former federal judge or state
162	170		judge, as those terms are defined by Section 13.0021(a), Election
163	171		Code, or a spouse of a current or former federal judge or state
164	172		judge; or
165	173		(16) a firefighter or volunteer firefighter or
166	174		emergency medical services personnel as defined by Section 773.003,
167	175		Health and Safety Code, regardless of whether the firefighter or
168	176		volunteer firefighter or emergency medical services personnel
169	177		comply with Section 552.024 or 552.1175, as applicable [(13) a
170	178		current or former district attorney, criminal district attorney, or
171	179		county attorney whose jurisdiction includes any criminal law or
172	180		child protective services matter].
173	181		SECTION 5. The heading to Section 552.1175, Government
174	182		Code, is amended to read as follows:
175	183		Sec. 552.1175. EXCEPTION: CONFIDENTIALITY OF CERTAIN
176	184		PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER
177	185		OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS [, COUNTY
178	186		JAILERS, SECURITY OFFICERS, EMPLOYEES OF CERTAIN STATE AGENCIES OR
179	187		CERTAIN CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND
180	188		FEDERAL AND STATE JUDGES].
181	189		SECTION 6. Section 552.1175(a), Government Code, is amended
182	190		to read as follows:
183	191		(a) This section applies only to:
184	192		(1) peace officers as defined by Article 2.12, Code of
185	193		Criminal Procedure;
186	194		(2) county jailers as defined by Section 1701.001,
187	195		Occupations Code;
188	196		(3) current or former employees of the Texas
189	197		Department of Criminal Justice or of the predecessor in function of
190	198		the department or any division of the department;
191	199		(4) commissioned security officers as defined by
192	200		Section 1702.002, Occupations Code;
193	201		(5) a current or former district attorney, criminal
194	202		district attorney, or county or municipal attorney whose
195	203		jurisdiction includes any criminal law or child protective services
196	204		matters;
197	205		(5-a) a current or former employee of a district
198	206		attorney, criminal district attorney, or county or municipal
199	207		attorney whose jurisdiction includes any criminal law or child
200	208		protective services matters;
201	209		(6) officers and employees of a community supervision
202	210		and corrections department established under Chapter 76 who perform
203	211		a duty described by Section 76.004(b);
204	212		(7) criminal investigators of the United States as
205	213		described by Article 2.122(a), Code of Criminal Procedure;
206	214		(8) police officers and inspectors of the United
207	215		States Federal Protective Service;
208	216		(9) current and former employees of the office of the
209	217		attorney general who are or were assigned to a division of that
210	218		office the duties of which involve law enforcement;
211	219		(10) current or former juvenile probation and
212	220		detention officers certified by the Texas Juvenile Justice
213	221		Department, or the predecessors in function of the department,
214	222		under Title 12, Human Resources Code;
215	223		(11) current or former employees of a juvenile justice
216	224		program or facility, as those terms are defined by Section 261.405,
217	225		Family Code;
218	226		(12) current or former employees of the Texas Juvenile
219	227		Justice Department or the predecessors in function of the
220	228		department;
221	229		(13) federal judges and state judges as defined by
222	230		Section 13.0021, Election Code; [and]
223	231		(14) current or former employees of the Texas Civil
224	232		Commitment Office or of the predecessor in function of the office or
225	233		a division of the office; and
226	234		(15) a firefighter or volunteer firefighter or
227	235		emergency medical services personnel as defined by Section 773.003,
228	236		Health and Safety Code.
229	237		SECTION 7. Subchapter C, Chapter 552, Government Code, is
230	238		amended by adding Section 552.159 to read as follows:
231	239		Sec. 552.159. EXCEPTION: CONFIDENTIALITY OF CERTAIN WORK
232	240		SCHEDULES. A work schedule or a time sheet of a firefighter or
233	241		volunteer firefighter or emergency medical services personnel as
234	242		defined by Section 773.003, Health and Safety Code, is confidential
235	243		and excepted from the requirements of Section 552.021.
236	244		SECTION 8. Section 25.025(a), Tax Code, as amended by
237	245		Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B.
238	246		1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular
239	247		Session, 2017, is reenacted and amended to read as follows:
240	248		(a) This section applies only to:
241	249		(1) a current or former peace officer as defined by
242	250		Article 2.12, Code of Criminal Procedure, and the spouse or
243	251		surviving spouse of the peace officer;
244	252		(2) the adult child of a current peace officer as
245	253		defined by Article 2.12, Code of Criminal Procedure;
246	254		(3) a county jailer as defined by Section 1701.001,
247	255		Occupations Code;
248	256		(4) an employee of the Texas Department of Criminal
249	257		Justice;
250	258		(5) a commissioned security officer as defined by
251	259		Section 1702.002, Occupations Code;
252	260		(6) an individual who shows that the individual, the
253	261		individual's child, or another person in the individual's household
254	262		is a victim of family violence as defined by Section 71.004, Family
255	263		Code, by providing:
256	264		(A) a copy of a protective order issued under
257	265		Chapter 85, Family Code, or a magistrate's order for emergency
258	266		protection issued under Article 17.292, Code of Criminal Procedure;
259	267		or
260	268		(B) other independent documentary evidence
261	269		necessary to show that the individual, the individual's child, or
262	270		another person in the individual's household is a victim of family
263	271		violence;
264	272		(7) [(6)] an individual who shows that the individual,
265	273		the individual's child, or another person in the individual's
266	274		household is a victim of sexual assault or abuse, stalking, or
267	275		trafficking of persons by providing:
268	276		(A) a copy of a protective order issued under
269	277		Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
270	278		magistrate's order for emergency protection issued under Article
271	279		17.292, Code of Criminal Procedure; or
272	280		(B) other independent documentary evidence
273	281		necessary to show that the individual, the individual's child, or
274	282		another person in the individual's household is a victim of sexual
275	283		assault or abuse, stalking, or trafficking of persons;
276	284		(8) [(7)] a participant in the address
277	285		confidentiality program administered by the attorney general under
278	286		Subchapter C, Chapter 56, Code of Criminal Procedure, who provides
279	287		proof of certification under Article 56.84, Code of Criminal
280	288		Procedure;
281	289		(9) [(8)] a federal judge, a state judge, or the
282	290		spouse of a federal judge or state judge;
283	291		(10) a current or former district attorney, criminal
284	292		district attorney, or county or municipal attorney whose
285	293		jurisdiction includes any criminal law or child protective services
286	294		matters;
287	295		(11) [(9)] a current or former employee of a district
288	296		attorney, criminal district attorney, or county or municipal
289	297		attorney whose jurisdiction includes any criminal law or child
290	298		protective services matters;
291	299		(12) [(10)] an officer or employee of a community
292	300		supervision and corrections department established under Chapter
293	301		76, Government Code, who performs a duty described by Section
294	302		76.004(b) of that code;
295	303		(13) [(11)] a criminal investigator of the United
296	304		States as described by Article 2.122(a), Code of Criminal
297	305		Procedure;
298	306		(14) [(12)] a police officer or inspector of the
299	307		United States Federal Protective Service;
300	308		(15) [(13)] a current or former United States attorney
301	309		or assistant United States attorney and the spouse and child of the
302	310		attorney;
303	311		(16) [(14)] a current or former employee of the office
304	312		of the attorney general who is or was assigned to a division of that
305	313		office the duties of which involve law enforcement;
306	314		(17) [(15)] a medical examiner or person who performs
307	315		forensic analysis or testing who is employed by this state or one or
308	316		more political subdivisions of this state;
309	317		(18) [(16)] a current or former member of the United
310	318		States armed forces who has served in an area that the president of
311	319		the United States by executive order designates for purposes of 26
312	320		U.S.C. Section 112 as an area in which armed forces of the United
313	321		States are or have engaged in combat;
314	322		(19) [(17)] a current or former employee of the Texas
315	323		Juvenile Justice Department or of the predecessors in function of
316	324		the department;
317	325		(20) [(18)] a current or former juvenile probation or
318	326		supervision officer certified by the Texas Juvenile Justice
319	327		Department, or the predecessors in function of the department,
320	328		under Title 12, Human Resources Code;
321	329		(21) [(19)] a current or former employee of a juvenile
322	330		justice program or facility, as those terms are defined by Section
323	331		261.405, Family Code; [and]
324	332		(22) [(18)] a current or former employee of the Texas
325	333		Civil Commitment Office or of the predecessor in function of the
326	334		office or a division of the office;
327	335		(23) [(18)] a current or former employee of a federal
328	336		judge or state judge; and
329	337		(24) a firefighter or volunteer firefighter or
330	338		emergency medical services personnel as defined by Section 773.003,
331	339		Health and Safety Code.
332	340		SECTION 9. The changes in law made by this Act apply only to
333	341		a request for information that is received by a governmental body or
334	342		an officer on or after the effective date of this Act. A request for
335	343		information that was received before the effective date of this Act
336	344		is governed by the law in effect on the date the request was
337	345		received, and the former law is continued in effect for that
338	346		purpose.
339	347		SECTION 10. To the extent of any conflict, this Act prevails
340	348		over another Act of the 86th Legislature, Regular Session, 2019,
341	349		relating to nonsubstantive additions to and corrections in enacted
342	350		codes.
343	351		SECTION 11. This Act takes effect immediately if it
344	352		receives a vote of two-thirds of all the members elected to each
345	353		house, as provided by Section 39, Article III, Texas Constitution.
346	354		If this Act does not receive the vote necessary for immediate
347	355		effect, this Act takes effect September 1, 2019.
348		-	______________________________ ______________________________
349		-	President of the Senate Speaker of the House
350		-	I certify that H.B. No. 2446 was passed by the House on May 3,
351		-	2019, by the following vote: Yeas 140, Nays 0, 2 present, not
352		-	voting; and that the House concurred in Senate amendments to H.B.
353		-	No. 2446 on May 24, 2019, by the following vote: Yeas 139, Nays 2,
354		-	2 present, not voting.
355		-	______________________________
356		-	Chief Clerk of the House
357		-	I certify that H.B. No. 2446 was passed by the Senate, with
358		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
359		-	0.
360		-	______________________________
361		-	Secretary of the Senate
362		-	APPROVED: __________________
363		-	Date
364		-	__________________
365		-	Governor
	356	+	* * * * *