H.B. No. 3091
AN ACT
relating to the confidentiality of and prohibiting disclosure of
the location or physical layout of a family violence shelter center
or victims of trafficking shelter center; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.138, Government Code, is amended by
amending Subsections (b) and (c) and adding Subsection (b-1) to
read as follows:
(b) Information maintained by a family violence shelter
center, victims of trafficking shelter center, or sexual assault
program is excepted from the requirements of Section 552.021 if it
is information that relates to:
(1) the home address, home telephone number, or social
security number of an employee or a volunteer worker of a family
violence shelter center, victims of trafficking shelter center, or
sexual assault program, regardless of whether the employee or
worker complies with Section 552.024;
(2) [the location or physical layout of a family
violence shelter center or victims of trafficking shelter center;
[(3)] the name, home address, home telephone number,
or numeric identifier of a current or former client of a family
violence shelter center, victims of trafficking shelter center, or
sexual assault program;
(3) [(4)] the provision of services, including
counseling and sheltering, to a current or former client of a family
violence shelter center, victims of trafficking shelter center, or
sexual assault program;
(4) [(5)] the name, home address, or home telephone
number of a private donor to a family violence shelter center,
victims of trafficking shelter center, or sexual assault program;
or
(5) [(6)] the home address or home telephone number of
a member of the board of directors or the board of trustees of a
family violence shelter center, victims of trafficking shelter
center, or sexual assault program, regardless of whether the board
member complies with Section 552.024.
(b-1) Information that relates to the location or physical
layout of a family violence shelter center or victims of
trafficking shelter center is confidential.
(c) A governmental body may redact information maintained
by a family violence shelter center, victims of trafficking shelter
center, or sexual assault program that may be withheld under
Subsection (b)(1) or (5) or that is confidential under Subsection
(b-1) [(6)] from any information the governmental body discloses
under Section 552.021 without the necessity of requesting a
decision from the attorney general under Subchapter G.
SECTION 2. Chapter 42, Penal Code, is amended by adding
Section 42.075 to read as follows:
Sec. 42.075. DISCLOSURE OF CONFIDENTIAL INFORMATION
REGARDING FAMILY VIOLENCE OR VICTIMS OF TRAFFICKING SHELTER CENTER.
(a) In this section, "family violence shelter center" and "victims
of trafficking shelter center" have the meanings assigned by
Section 552.138, Government Code.
(b) A person commits an offense if the person, with the
intent to threaten the safety of any inhabitant of a family violence
shelter center or victims of trafficking shelter center, discloses
or publicizes the location or physical layout of the center.
(c) An offense under this section is a Class A misdemeanor.
(d) If conduct constituting an offense under this section
also constitutes an offense under Section 552.352, Government Code,
the actor may be prosecuted under either section.
SECTION 3. The change in law made by this Act applies only
to a request for public information received on or after the
effective date of this Act. A request received before the effective
date of this Act is governed by the law in effect on the date the
request was received, and the former law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3091 was passed by the House on May 8,
2019, by the following vote: Yeas 146, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3091 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor