86R3395 BEF-D
By: VanDeaver H.B. No. 418
A BILL TO BE ENTITLED
AN ACT
relating to the availability of personal information of a current
or former federal prosecutor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.117(a), Government Code, as amended
by Chapters 34 (S.B. 1576), 190 (S.B. 42), and 1006 (H.B. 1278),
Acts of the 85th Legislature, Regular Session, 2017, is reenacted
and amended to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if it is information that relates to the home
address, home telephone number, emergency contact information, or
social security number of the following person or that reveals
whether the person has family members:
(1) a current or former official or employee of a
governmental body, except as otherwise provided by Section 552.024;
(2) a peace officer as defined by Article 2.12, Code of
Criminal Procedure, or a security officer commissioned under
Section 51.212, Education Code, regardless of whether the officer
complies with Section 552.024 or 552.1175, as applicable;
(3) a current or former employee of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department, regardless of
whether the current or former employee complies with Section
552.1175;
(4) a peace officer as defined by Article 2.12, Code of
Criminal Procedure, or other law, a reserve law enforcement
officer, a commissioned deputy game warden, or a corrections
officer in a municipal, county, or state penal institution in this
state who was killed in the line of duty, regardless of whether the
deceased complied with Section 552.024 or 552.1175;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code, regardless of whether the
officer complies with Section 552.024 or 552.1175, as applicable;
(6) an officer or employee of a community supervision
and corrections department established under Chapter 76 who
performs a duty described by Section 76.004(b), regardless of
whether the officer or employee complies with Section 552.024 or
552.1175;
(7) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement, regardless of whether
the current or former employee complies with Section 552.024 or
552.1175;
(8) a current or former employee of the Texas Juvenile
Justice Department or of the predecessors in function of the
department, regardless of whether the current or former employee
complies with Section 552.024 or 552.1175;
(9) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code, regardless of whether the
current or former officer complies with Section 552.024 or
552.1175;
(10) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code, regardless of whether the current or former
employee complies with Section 552.024 or 552.1175;
(11) a current or former member of the Texas military
forces, as that term is defined by Section 437.001;
(12) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters, regardless of whether the current or former attorney
complies with Section 552.024 or 552.1175; [or]
(13) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters, regardless of whether the current or
former employee complies with Section 552.024 or 552.1175;
(14) [(12)] a current or former employee of the Texas
Civil Commitment Office or of the predecessor in function of the
office or a division of the office, regardless of whether the
current or former employee complies with Section 552.024 or
552.1175;
(15) [(12)] a current or former federal judge or state
judge, as those terms are defined by Section 13.0021(a), Election
Code, or a spouse of a current or former federal judge or state
judge; or
(16) a current or former United States attorney or
assistant United States attorney, regardless of whether the current
or former attorney complies with Section 552.024 or 552.1175
[(13) a current or former district attorney, criminal district
attorney, or county attorney whose jurisdiction includes any
criminal law or child protective services matter].
SECTION 2. The heading to Section 552.1175, Government
Code, is amended to read as follows:
Sec. 552.1175. EXCEPTION: CONFIDENTIALITY OF CERTAIN
PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER
OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS [, COUNTY
JAILERS, SECURITY OFFICERS, EMPLOYEES OF CERTAIN STATE AGENCIES OR
CERTAIN CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND
FEDERAL AND STATE JUDGES].
SECTION 3. Section 552.1175(a), Government Code, is amended
to read as follows:
(a) This section applies only to:
(1) peace officers as defined by Article 2.12, Code of
Criminal Procedure;
(2) county jailers as defined by Section 1701.001,
Occupations Code;
(3) current or former employees of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department;
(4) commissioned security officers as defined by
Section 1702.002, Occupations Code;
(5) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(5-a) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(6) officers and employees of a community supervision
and corrections department established under Chapter 76 who perform
a duty described by Section 76.004(b);
(7) criminal investigators of the United States as
described by Article 2.122(a), Code of Criminal Procedure;
(8) police officers and inspectors of the United
States Federal Protective Service;
(9) current and former employees of the office of the
attorney general who are or were assigned to a division of that
office the duties of which involve law enforcement;
(10) current or former juvenile probation and
detention officers certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(11) current or former employees of a juvenile justice
program or facility, as those terms are defined by Section 261.405,
Family Code;
(12) current or former employees of the Texas Juvenile
Justice Department or the predecessors in function of the
department;
(13) federal judges and state judges as defined by
Section 13.0021, Election Code; [and]
(14) current or former employees of the Texas Civil
Commitment Office or of the predecessor in function of the office or
a division of the office; and
(15) a current or former United States attorney or
assistant United States attorney.
SECTION 4. The changes in law made by this Act to Sections
552.117 and 552.1175, Government Code, apply only to a request for
information that is received by a governmental body or an officer on
or after the effective date of this Act. A request for information
that was 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 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.