Texas 2019 - 86th Regular

Texas House Bill HB418 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R3395 BEF-D
2	2	By: VanDeaver H.B. No. 418
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the availability of personal information of a current
8	8	or former federal prosecutor.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 552.117(a), Government Code, as amended
11	11	by Chapters 34 (S.B. 1576), 190 (S.B. 42), and 1006 (H.B. 1278),
12	12	Acts of the 85th Legislature, Regular Session, 2017, is reenacted
13	13	and amended to read as follows:
14	14	(a) Information is excepted from the requirements of
15	15	Section 552.021 if it is information that relates to the home
16	16	address, home telephone number, emergency contact information, or
17	17	social security number of the following person or that reveals
18	18	whether the person has family members:
19	19	(1) a current or former official or employee of a
20	20	governmental body, except as otherwise provided by Section 552.024;
21	21	(2) a peace officer as defined by Article 2.12, Code of
22	22	Criminal Procedure, or a security officer commissioned under
23	23	Section 51.212, Education Code, regardless of whether the officer
24	24	complies with Section 552.024 or 552.1175, as applicable;
25	25	(3) a current or former employee of the Texas
26	26	Department of Criminal Justice or of the predecessor in function of
27	27	the department or any division of the department, regardless of
28	28	whether the current or former employee complies with Section
29	29	552.1175;
30	30	(4) a peace officer as defined by Article 2.12, Code of
31	31	Criminal Procedure, or other law, a reserve law enforcement
32	32	officer, a commissioned deputy game warden, or a corrections
33	33	officer in a municipal, county, or state penal institution in this
34	34	state who was killed in the line of duty, regardless of whether the
35	35	deceased complied with Section 552.024 or 552.1175;
36	36	(5) a commissioned security officer as defined by
37	37	Section 1702.002, Occupations Code, regardless of whether the
38	38	officer complies with Section 552.024 or 552.1175, as applicable;
39	39	(6) an officer or employee of a community supervision
40	40	and corrections department established under Chapter 76 who
41	41	performs a duty described by Section 76.004(b), regardless of
42	42	whether the officer or employee complies with Section 552.024 or
43	43	552.1175;
44	44	(7) a current or former employee of the office of the
45	45	attorney general who is or was assigned to a division of that office
46	46	the duties of which involve law enforcement, regardless of whether
47	47	the current or former employee complies with Section 552.024 or
48	48	552.1175;
49	49	(8) a current or former employee of the Texas Juvenile
50	50	Justice Department or of the predecessors in function of the
51	51	department, regardless of whether the current or former employee
52	52	complies with Section 552.024 or 552.1175;
53	53	(9) a current or former juvenile probation or
54	54	supervision officer certified by the Texas Juvenile Justice
55	55	Department, or the predecessors in function of the department,
56	56	under Title 12, Human Resources Code, regardless of whether the
57	57	current or former officer complies with Section 552.024 or
58	58	552.1175;
59	59	(10) a current or former employee of a juvenile
60	60	justice program or facility, as those terms are defined by Section
61	61	261.405, Family Code, regardless of whether the current or former
62	62	employee complies with Section 552.024 or 552.1175;
63	63	(11) a current or former member of the Texas military
64	64	forces, as that term is defined by Section 437.001;
65	65	(12) a current or former district attorney, criminal
66	66	district attorney, or county or municipal attorney whose
67	67	jurisdiction includes any criminal law or child protective services
68	68	matters, regardless of whether the current or former attorney
69	69	complies with Section 552.024 or 552.1175; [or]
70	70	(13) a current or former employee of a district
71	71	attorney, criminal district attorney, or county or municipal
72	72	attorney whose jurisdiction includes any criminal law or child
73	73	protective services matters, regardless of whether the current or
74	74	former employee complies with Section 552.024 or 552.1175;
75	75	(14) [(12)] a current or former employee of the Texas
76	76	Civil Commitment Office or of the predecessor in function of the
77	77	office or a division of the office, regardless of whether the
78	78	current or former employee complies with Section 552.024 or
79	79	552.1175;
80	80	(15) [(12)] a current or former federal judge or state
81	81	judge, as those terms are defined by Section 13.0021(a), Election
82	82	Code, or a spouse of a current or former federal judge or state
83	83	judge; or
84	84	(16) a current or former United States attorney or
85	85	assistant United States attorney, regardless of whether the current
86	86	or former attorney complies with Section 552.024 or 552.1175
87	87	[(13) a current or former district attorney, criminal district
88	88	attorney, or county attorney whose jurisdiction includes any
89	89	criminal law or child protective services matter].
90	90	SECTION 2. The heading to Section 552.1175, Government
91	91	Code, is amended to read as follows:
92	92	Sec. 552.1175. EXCEPTION: CONFIDENTIALITY OF CERTAIN
93	93	PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER
94	94	OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS [, COUNTY
95	95	JAILERS, SECURITY OFFICERS, EMPLOYEES OF CERTAIN STATE AGENCIES OR
96	96	CERTAIN CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND
97	97	FEDERAL AND STATE JUDGES].
98	98	SECTION 3. Section 552.1175(a), Government Code, is amended
99	99	to read as follows:
100	100	(a) This section applies only to:
101	101	(1) peace officers as defined by Article 2.12, Code of
102	102	Criminal Procedure;
103	103	(2) county jailers as defined by Section 1701.001,
104	104	Occupations Code;
105	105	(3) current or former employees of the Texas
106	106	Department of Criminal Justice or of the predecessor in function of
107	107	the department or any division of the department;
108	108	(4) commissioned security officers as defined by
109	109	Section 1702.002, Occupations Code;
110	110	(5) a current or former district attorney, criminal
111	111	district attorney, or county or municipal attorney whose
112	112	jurisdiction includes any criminal law or child protective services
113	113	matters;
114	114	(5-a) a current or former employee of a district
115	115	attorney, criminal district attorney, or county or municipal
116	116	attorney whose jurisdiction includes any criminal law or child
117	117	protective services matters;
118	118	(6) officers and employees of a community supervision
119	119	and corrections department established under Chapter 76 who perform
120	120	a duty described by Section 76.004(b);
121	121	(7) criminal investigators of the United States as
122	122	described by Article 2.122(a), Code of Criminal Procedure;
123	123	(8) police officers and inspectors of the United
124	124	States Federal Protective Service;
125	125	(9) current and former employees of the office of the
126	126	attorney general who are or were assigned to a division of that
127	127	office the duties of which involve law enforcement;
128	128	(10) current or former juvenile probation and
129	129	detention officers certified by the Texas Juvenile Justice
130	130	Department, or the predecessors in function of the department,
131	131	under Title 12, Human Resources Code;
132	132	(11) current or former employees of a juvenile justice
133	133	program or facility, as those terms are defined by Section 261.405,
134	134	Family Code;
135	135	(12) current or former employees of the Texas Juvenile
136	136	Justice Department or the predecessors in function of the
137	137	department;
138	138	(13) federal judges and state judges as defined by
139	139	Section 13.0021, Election Code; [and]
140	140	(14) current or former employees of the Texas Civil
141	141	Commitment Office or of the predecessor in function of the office or
142	142	a division of the office; and
143	143	(15) a current or former United States attorney or
144	144	assistant United States attorney.
145	145	SECTION 4. The changes in law made by this Act to Sections
146	146	552.117 and 552.1175, Government Code, apply only to a request for
147	147	information that is received by a governmental body or an officer on
148	148	or after the effective date of this Act. A request for information
149	149	that was received before the effective date of this Act is governed
150	150	by the law in effect on the date the request was received, and the
151	151	former law is continued in effect for that purpose.
152	152	SECTION 5. This Act takes effect immediately if it receives
153	153	a vote of two-thirds of all the members elected to each house, as
154	154	provided by Section 39, Article III, Texas Constitution. If this
155	155	Act does not receive the vote necessary for immediate effect, this
156	156	Act takes effect September 1, 2019.