Texas 2019 - 86th Regular

Texas House Bill HB2910 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2910
	1	+	By: Klick (Senate Sponsor - Hughes) H.B. No. 2910
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 10, 2019, rereferred to Committee on Administration;
	5	+	May 19, 2019, reported adversely, with favorable Committee
	6	+	Substitute by the following vote: Yeas 5, Nays 0; May 19, 2019,
	7	+	sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2910 By: Hughes
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the confidentiality of certain personal information of
6	15		certain persons obtained for the purposes of voting.
7	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	17		SECTION 1. Section 1.005, Election Code, is amended by
9	18		adding Subdivisions (4-a) and (18-a) to read as follows:
10	19		(4-a) "Federal judge" means:
11	20		(A) a judge, former judge, or retired judge of a
12	21		United States court of appeals;
13	22		(B) a judge, former judge, or retired judge of a
14	23		United States district court;
15	24		(C) a judge, former judge, or retired judge of a
16	25		United States bankruptcy court; or
17	26		(D) a magistrate judge, former magistrate judge,
18	27		or retired magistrate judge of a United States district court.
19	28		(18-a) "State judge" means:
20	29		(A) a judge, former judge, or retired judge of an
21	30		appellate court, a district court, a constitutional county court, a
22	31		county court at law, or a statutory probate court of this state;
23	32		(B) an associate judge appointed under Chapter
24	33		201, Family Code, or a retired associate judge or former associate
25	34		judge appointed under that chapter;
26	35		(C) a magistrate or associate judge appointed
27	36		under Chapter 54 or 54A, Government Code;
28	37		(D) a justice of the peace; or
29	38		(E) a municipal court judge.
30	39		SECTION 2. Section 13.004, Election Code, is amended by
31	40		amending Subsections (c) and (d) and adding Subsection (e) to read
32	41		as follows:
33	42		(c) The following information furnished on a registration
34	43		application is confidential and does not constitute public
35	44		information for purposes of Chapter 552, Government Code:
36	45		(1) a social security number;
37	46		(2) a Texas driver's license number;
38	47		(3) a number of a personal identification card issued
39	48		by the Department of Public Safety;
40	49		(4) an indication that an applicant is interested in
41	50		working as an election judge;
42	51		(5) the residence address of the applicant, if the
43	52		applicant is a federal judge or state judge[, as defined by Section
44	53		13.0021], the spouse of a federal judge or state judge, or an
45	54		individual to whom Section 552.1175, Government Code, or Section
46	55		521.1211, Transportation Code, applies and the applicant:
47	56		(A) included an affidavit with the registration
48	57		application describing the applicant's status under this
49	58		subdivision, [including an affidavit under Section 13.0021] if the
50	59		applicant is a federal judge or state judge or the spouse of a
51	60		federal judge or state judge;
52	61		(B) provided the registrar with an affidavit
53	62		describing the applicant's status under this subdivision,
54	63		[including an affidavit under Section 15.0215] if the applicant is
55	64		a federal judge or state judge or the spouse of a federal judge or
56	65		state judge; or
57	66		(C) provided the registrar with a completed form
58	67		approved by the secretary of state for the purpose of notifying the
59	68		registrar of the applicant's status under this subdivision;
60	69		(6) the residence address of the applicant, if the
61	70		applicant, the applicant's child, or another person in the
62	71		applicant's household is a victim of family violence as defined by
63	72		Section 71.004, Family Code, who provided the registrar with:
64	73		(A) a copy of a protective order issued under
65	74		Chapter 85, Family Code, or a magistrate's order for emergency
66	75		protection issued under Article 17.292, Code of Criminal Procedure;
67	76		or
68	77		(B) other independent documentary evidence
69	78		necessary to show that the applicant, the applicant's child, or
70	79		another person in the applicant's household is a victim of family
71	80		violence;
72	81		(7) the residence address of the applicant, if the
73	82		applicant, the applicant's child, or another person in the
74	83		applicant's household is a victim of sexual assault or abuse,
75	84		stalking, or trafficking of persons who provided the registrar
76	85		with:
77	86		(A) a copy of a protective order issued under
78	87		Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
79	88		magistrate's order for emergency protection issued under Article
80	89		17.292, Code of Criminal Procedure; or
81	90		(B) other independent documentary evidence
82	91		necessary to show that the applicant, the applicant's child, or
83	92		another person in the applicant's household is a victim of sexual
84	93		assault or abuse, stalking, or trafficking of persons; [or]
85	94		(8) the residence address of the applicant, if the
86	95		applicant:
87	96		(A) is a participant in the address
88	97		confidentiality program administered by the attorney general under
89	98		Subchapter C, Chapter 56, Code of Criminal Procedure; and
90	99		(B) provided the registrar with proof of
91	100		certification under Article 56.84, Code of Criminal Procedure; or
92	101		(9) the telephone number of any applicant submitting
93	102		documentation under Subdivision (5), (6), (7), or (8).
94	103		(d) The voter registrar or other county official who has
95	104		access to the information furnished on a registration application
96	105		may not post the following information on a website:
97	106		(1) a telephone number;
98	107		(2) a social security number;
99	108		(3) a driver's license number or a number of a personal
100	109		identification card;
101	110		(4) a date of birth; or
102	111		(5) the residence address of a voter who submits
103	112		documentation under Subsection (c)(5), (6), (7), or (8) to the
104	113		voter registrar [is a federal judge or state judge, as defined by
105	114		Section 13.0021, or the spouse of a federal judge or state judge, if
106	115		the voter included an affidavit with the application under Section
107	116		13.0021] or regarding whom the registrar has received notification
108	117		[an affidavit submitted] under Section 15.0215.
109	118		(e) Documentation submitted under Subsection (c)(5), (6),
110	119		(7), or (8) shall be retained on file with the voter registration
111	120		application.
112	121		SECTION 3. Section 15.0215(b), Election Code, is amended to
113	122		read as follows:
114	123		(b) On receiving notice from the Office of Court
115	124		Administration of the Texas Judicial System of the person's
116	125		qualification for office as a federal judge or state judge and of
117	126		the name of the judge's spouse, if applicable, the registrar of the
118	127		county in which the judge resides shall:
119	128		(1) omit from the registration list the residence
120	129		address of the judge and the spouse of the judge; and
121	130		(2) prepare a memorandum of the notice, indicating the
122	131		substance and date of the notification, and retain the memorandum
123	132		on file with the application.
124	133		SECTION 4. Section 15.081(d), Election Code, is amended to
125	134		read as follows:
126	135		(d) Notwithstanding Subsection (b), the suspense list may
127	136		not contain the residence address of a voter whose residence
128	137		address is confidential under Section 13.004 [who is a federal
129	138		judge, a state judge, or the spouse of a federal judge or state
130	139		judge, if the voter included an affidavit with the voter's
131	140		registration application under Section 13.0021 or the registrar
132	141		received an affidavit submitted under Section 15.0215 before the
133	142		list was prepared. In this subsection, "federal judge" and "state
134	143		judge" have the meanings assigned by Section 13.0021].
135	144		SECTION 5. Section 18.005(c), Election Code, is amended to
136	145		read as follows:
137	146		(c) The original or supplemental list of registered voters
138	147		may not contain the residence address of a voter whose residence
139	148		address is confidential under Section 13.004 [who is a federal
140	149		judge, a state judge, or the spouse of a federal judge or state
141	150		judge, if the voter included an affidavit with the voter's
142	151		registration application under Section 13.0021 or the registrar
143	152		received an affidavit submitted under Section 15.0215 before the
144	153		list was prepared. In this subsection, "federal judge" and "state
145	154		judge" have the meanings assigned by Section 13.0021].
146	155		SECTION 6. Section 18.066(b), Election Code, is amended to
147	156		read as follows:
148	157		(b) Information furnished under this section may not
149	158		include:
150	159		(1) a voter's social security number; or
151	160		(2) the residence address of a voter whose residence
152	161		address is confidential under Section 13.004 [who is a federal
153	162		judge or state judge, as defined by Section 13.0021, or the spouse
154	163		of a federal judge or state judge, if the voter included an
155	164		affidavit with the voter's registration application under Section
156	165		13.0021 or the applicable registrar has received an affidavit
157	166		submitted under Section 15.0215].
158	167		SECTION 7. Section 552.117(a), Government Code, as amended
159	168		by Chapters 34 (S.B. 1576), 190 (S.B. 42), and 1006 (H.B. 1278),
160	169		Acts of the 85th Legislature, Regular Session, 2017, is reenacted
161	170		and amended to read as follows:
162	171		(a) Information is excepted from the requirements of
163	172		Section 552.021 if it is information that relates to the home
164	173		address, home telephone number, emergency contact information, or
165	174		social security number of the following person or that reveals
166	175		whether the person has family members:
167	176		(1) a current or former official or employee of a
168	177		governmental body, except as otherwise provided by Section 552.024;
169	178		(2) a peace officer as defined by Article 2.12, Code of
170	179		Criminal Procedure, or a security officer commissioned under
171	180		Section 51.212, Education Code, regardless of whether the officer
172	181		complies with Section 552.024 or 552.1175, as applicable;
173	182		(3) a current or former employee of the Texas
174	183		Department of Criminal Justice or of the predecessor in function of
175	184		the department or any division of the department, regardless of
176	185		whether the current or former employee complies with Section
177	186		552.1175;
178	187		(4) a peace officer as defined by Article 2.12, Code of
179	188		Criminal Procedure, or other law, a reserve law enforcement
180	189		officer, a commissioned deputy game warden, or a corrections
181	190		officer in a municipal, county, or state penal institution in this
182	191		state who was killed in the line of duty, regardless of whether the
183	192		deceased complied with Section 552.024 or 552.1175;
184	193		(5) a commissioned security officer as defined by
185	194		Section 1702.002, Occupations Code, regardless of whether the
186	195		officer complies with Section 552.024 or 552.1175, as applicable;
187	196		(6) an officer or employee of a community supervision
188	197		and corrections department established under Chapter 76 who
189	198		performs a duty described by Section 76.004(b), regardless of
190	199		whether the officer or employee complies with Section 552.024 or
191	200		552.1175;
192	201		(7) a current or former employee of the office of the
193	202		attorney general who is or was assigned to a division of that office
194	203		the duties of which involve law enforcement, regardless of whether
195	204		the current or former employee complies with Section 552.024 or
196	205		552.1175;
197	206		(8) a current or former employee of the Texas Juvenile
198	207		Justice Department or of the predecessors in function of the
199	208		department, regardless of whether the current or former employee
200	209		complies with Section 552.024 or 552.1175;
201	210		(9) a current or former juvenile probation or
202	211		supervision officer certified by the Texas Juvenile Justice
203	212		Department, or the predecessors in function of the department,
204	213		under Title 12, Human Resources Code, regardless of whether the
205	214		current or former officer complies with Section 552.024 or
206	215		552.1175;
207	216		(10) a current or former employee of a juvenile
208	217		justice program or facility, as those terms are defined by Section
209	218		261.405, Family Code, regardless of whether the current or former
210	219		employee complies with Section 552.024 or 552.1175;
211	220		(11) a current or former member of the Texas military
212	221		forces, as that term is defined by Section 437.001;
213	222		(12) a current or former district attorney, criminal
214	223		district attorney, or county or municipal attorney whose
215	224		jurisdiction includes any criminal law or child protective services
216	225		matters, regardless of whether the current or former attorney
217	226		complies with Section 552.024 or 552.1175; [or]
218	227		(13) a current or former employee of a district
219	228		attorney, criminal district attorney, or county or municipal
220	229		attorney whose jurisdiction includes any criminal law or child
221	230		protective services matters, regardless of whether the current or
222	231		former employee complies with Section 552.024 or 552.1175;
223	232		(14) [(12)] a current or former employee of the Texas
224	233		Civil Commitment Office or of the predecessor in function of the
225	234		office or a division of the office, regardless of whether the
226	235		current or former employee complies with Section 552.024 or
227	236		552.1175;
228	237		(15) [(12)] a current or former federal judge or state
229	238		judge, as those terms are defined by Section 1.005 [13.0021(a)],
230	239		Election Code, or a spouse of a current or former federal judge or
231	240		state judge; or
232	241		(16) a current or former United States attorney or
233	242		assistant United States attorney and the spouse or child of the
234	243		attorney [(13) a current or former district attorney, criminal
235	244		district attorney, or county attorney whose jurisdiction includes
236	245		any criminal law or child protective services matter].
237	246		SECTION 8. Section 552.1175(a), Government Code, is amended
238	247		to read as follows:
239	248		(a) This section applies only to:
240	249		(1) peace officers as defined by Article 2.12, Code of
241	250		Criminal Procedure, or special investigators as described by
242	251		Article 2.122, Code of Criminal Procedure;
243	252		(2) county jailers as defined by Section 1701.001,
244	253		Occupations Code;
245	254		(3) current or former employees of the Texas
246	255		Department of Criminal Justice or of the predecessor in function of
247	256		the department or any division of the department;
248	257		(4) commissioned security officers as defined by
249	258		Section 1702.002, Occupations Code;
250	259		(5) a current or former district attorney, criminal
251	260		district attorney, or county or municipal attorney whose
252	261		jurisdiction includes any criminal law or child protective services
253	262		matters;
254	263		(5-a) a current or former employee of a district
255	264		attorney, criminal district attorney, or county or municipal
256	265		attorney whose jurisdiction includes any criminal law or child
257	266		protective services matters;
258	267		(6) officers and employees of a community supervision
259	268		and corrections department established under Chapter 76 who perform
260	269		a duty described by Section 76.004(b);
261	270		(7) criminal investigators of the United States as
262	271		described by Article 2.122(a), Code of Criminal Procedure;
263	272		(8) police officers and inspectors of the United
264	273		States Federal Protective Service;
265	274		(9) current and former employees of the office of the
266	275		attorney general who are or were assigned to a division of that
267	276		office the duties of which involve law enforcement;
268	277		(10) current or former juvenile probation and
269	278		detention officers certified by the Texas Juvenile Justice
270	279		Department, or the predecessors in function of the department,
271	280		under Title 12, Human Resources Code;
272	281		(11) current or former employees of a juvenile justice
273	282		program or facility, as those terms are defined by Section 261.405,
274	283		Family Code;
275	284		(12) current or former employees of the Texas Juvenile
276	285		Justice Department or the predecessors in function of the
277	286		department;
278	287		(13) federal judges and state judges as defined by
279	288		Section 1.005 [13.0021], Election Code; and
280	289		(14) current or former employees of the Texas Civil
281	290		Commitment Office or of the predecessor in function of the office or
282	291		a division of the office.
283	292		SECTION 9. The change in law made by this Act to Section
284	293		552.1175, Government Code, applies only to a request for
285	294		information that is received by a governmental body or an officer on
286	295		or after the effective date of this Act. A request for information
287	296		that was received before the effective date of this Act is governed
288	297		by the law in effect on the date the request was received, and the
289	298		former law is continued in effect for that purpose.
290	299		SECTION 10. Sections 13.0021(a) and 15.0215(a), Election
291	300		Code, are repealed.
292	301		SECTION 11. This Act takes effect September 1, 2019.
293		-	______________________________ ______________________________
294		-	President of the Senate Speaker of the House
295		-	I certify that H.B. No. 2910 was passed by the House on April
296		-	18, 2019, by the following vote: Yeas 147, Nays 0, 2 present, not
297		-	voting; and that the House concurred in Senate amendments to H.B.
298		-	No. 2910 on May 24, 2019, by the following vote: Yeas 141, Nays 0,
299		-	2 present, not voting.
300		-	______________________________
301		-	Chief Clerk of the House
302		-	I certify that H.B. No. 2910 was passed by the Senate, with
303		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
304		-	0.
305		-	______________________________
306		-	Secretary of the Senate
307		-	APPROVED: __________________
308		-	Date
309		-	__________________
310		-	Governor
	302	+	* * * * *