Texas 2019 - 86th Regular

Texas Senate Bill SB1494 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1494
	1	+	By: Paxton, et al. S.B. No. 1494
	2	+	(Wu, Miller, Klick, Hinojosa, Rose)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the confidentiality of personal information of certain
6	8		employees and contractors of the Department of Family and
7		-	Protective Services ~~and of certain elected officials~~.
	9	+	Protective Services.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 552.117(a), Government Code, as amended
10	12		by Chapters 34 (S.B. 1576), 190 (S.B. 42), and 1006 (H.B. 1278),
11	13		Acts of the 85th Legislature, Regular Session, 2017, is reenacted
12	14		and amended to read as follows:
13	15		(a) Information is excepted from the requirements of
14	16		Section 552.021 if it is information that relates to the home
15	17		address, home telephone number, emergency contact information, or
16	18		social security number of the following person or that reveals
17	19		whether the person has family members:
18	20		(1) a current or former official or employee of a
19	21		governmental body, except as otherwise provided by Section 552.024;
20	22		(2) a peace officer as defined by Article 2.12, Code of
21	23		Criminal Procedure, or a security officer commissioned under
22	24		Section 51.212, Education Code, regardless of whether the officer
23	25		complies with Section 552.024 or 552.1175, as applicable;
24	26		(3) a current or former employee of the Texas
25	27		Department of Criminal Justice or of the predecessor in function of
26	28		the department or any division of the department, regardless of
27	29		whether the current or former employee complies with Section
28	30		552.1175;
29	31		(4) a peace officer as defined by Article 2.12, Code of
30	32		Criminal Procedure, or other law, a reserve law enforcement
31	33		officer, a commissioned deputy game warden, or a corrections
32	34		officer in a municipal, county, or state penal institution in this
33	35		state who was killed in the line of duty, regardless of whether the
34	36		deceased complied with Section 552.024 or 552.1175;
35	37		(5) a commissioned security officer as defined by
36	38		Section 1702.002, Occupations Code, regardless of whether the
37	39		officer complies with Section 552.024 or 552.1175, as applicable;
38	40		(6) an officer or employee of a community supervision
39	41		and corrections department established under Chapter 76 who
40	42		performs a duty described by Section 76.004(b), regardless of
41	43		whether the officer or employee complies with Section 552.024 or
42	44		552.1175;
43	45		(7) a current or former employee of the office of the
44	46		attorney general who is or was assigned to a division of that office
45	47		the duties of which involve law enforcement, regardless of whether
46	48		the current or former employee complies with Section 552.024 or
47	49		552.1175;
48	50		(8) a current or former employee of the Texas Juvenile
49	51		Justice Department or of the predecessors in function of the
50	52		department, regardless of whether the current or former employee
51	53		complies with Section 552.024 or 552.1175;
52	54		(9) a current or former juvenile probation or
53	55		supervision officer certified by the Texas Juvenile Justice
54	56		Department, or the predecessors in function of the department,
55	57		under Title 12, Human Resources Code, regardless of whether the
56	58		current or former officer complies with Section 552.024 or
57	59		552.1175;
58	60		(10) a current or former employee of a juvenile
59	61		justice program or facility, as those terms are defined by Section
60	62		261.405, Family Code, regardless of whether the current or former
61	63		employee complies with Section 552.024 or 552.1175;
62	64		(11) a current or former member of the Texas military
63	65		forces, as that term is defined by Section 437.001;
64	66		(12) a current or former district attorney, criminal
65	67		district attorney, or county or municipal attorney whose
66	68		jurisdiction includes any criminal law or child protective services
67	69		matters, regardless of whether the current or former attorney
68	70		complies with Section 552.024 or 552.1175; [or]
69	71		(13) a current or former employee of a district
70	72		attorney, criminal district attorney, or county or municipal
71	73		attorney whose jurisdiction includes any criminal law or child
72	74		protective services matters, regardless of whether the current or
73	75		former employee complies with Section 552.024 or 552.1175;
74	76		(14) [(12)] a current or former employee of the Texas
75	77		Civil Commitment Office or of the predecessor in function of the
76	78		office or a division of the office, regardless of whether the
77	79		current or former employee complies with Section 552.024 or
78	80		552.1175;
79	81		(15) [(12)] a current or former federal judge or state
80	82		judge, as those terms are defined by Section 13.0021(a), Election
81	83		Code, or a spouse of a current or former federal judge or state
82		-	judge; [or]
	84	+	judge; or
83	85		(16) a current or former child protective services
84		-	caseworker, adult protective services caseworker, or investigator
85		-	for the Department of Family and Protective Services, regardless of
86		-	whether the caseworker or investigator complies with Section
87		-	552.024 or 552.1175, or a current or former employee of a department
88		-	contractor performing child protective services caseworker, adult
89		-	protective services caseworker, or investigator functions for the
90		-	contractor on behalf of the department; or
91		-	(17) a state officer elected statewide or a member of
92		-	the legislature, regardless of whether the officer or member
93		-	complies with Section 552.024 or 552.1175 [(13) a current or
	86	+	caseworker or investigator for the Department of Family and
	87	+	Protective Services, regardless of whether the caseworker or
	88	+	investigator complies with Section 552.024 or 552.1175, or a
	89	+	current or former employee of a department contractor performing
	90	+	child protective services caseworker or investigator functions for
	91	+	the contractor on behalf of the department [(13) a current or
94	92		former district attorney, criminal district attorney, or county
95	93		attorney whose jurisdiction includes any criminal law or child
96	94		protective services matter].
97	95		SECTION 2. The heading to Section 552.1175, Government
98	96		Code, is amended to read as follows:
99	97		Sec. 552.1175. EXCEPTION: CONFIDENTIALITY OF CERTAIN
100	98		PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER
101	99		OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS[, COUNTY
102	100		JAILERS, SECURITY OFFICERS, EMPLOYEES OF CERTAIN STATE AGENCIES OR
103	101		CERTAIN CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND
104	102		FEDERAL AND STATE JUDGES].
105	103		SECTION 3. Section 552.1175(a), Government Code, is amended
106	104		to read as follows:
107	105		(a) This section applies only to:
108	106		(1) peace officers as defined by Article 2.12, Code of
109	107		Criminal Procedure;
110	108		(2) county jailers as defined by Section 1701.001,
111	109		Occupations Code;
112	110		(3) current or former employees of the Texas
113	111		Department of Criminal Justice or of the predecessor in function of
114	112		the department or any division of the department;
115	113		(4) commissioned security officers as defined by
116	114		Section 1702.002, Occupations Code;
117	115		(5) a current or former district attorney, criminal
118	116		district attorney, or county or municipal attorney whose
119	117		jurisdiction includes any criminal law or child protective services
120	118		matters;
121	119		(5-a) a current or former employee of a district
122	120		attorney, criminal district attorney, or county or municipal
123	121		attorney whose jurisdiction includes any criminal law or child
124	122		protective services matters;
125	123		(6) officers and employees of a community supervision
126	124		and corrections department established under Chapter 76 who perform
127	125		a duty described by Section 76.004(b);
128	126		(7) criminal investigators of the United States as
129	127		described by Article 2.122(a), Code of Criminal Procedure;
130	128		(8) police officers and inspectors of the United
131	129		States Federal Protective Service;
132	130		(9) current and former employees of the office of the
133	131		attorney general who are or were assigned to a division of that
134	132		office the duties of which involve law enforcement;
135	133		(10) current or former juvenile probation and
136	134		detention officers certified by the Texas Juvenile Justice
137	135		Department, or the predecessors in function of the department,
138	136		under Title 12, Human Resources Code;
139	137		(11) current or former employees of a juvenile justice
140	138		program or facility, as those terms are defined by Section 261.405,
141	139		Family Code;
142	140		(12) current or former employees of the Texas Juvenile
143	141		Justice Department or the predecessors in function of the
144	142		department;
145	143		(13) federal judges and state judges as defined by
146	144		Section 13.0021, Election Code; [and]
147	145		(14) current or former employees of the Texas Civil
148	146		Commitment Office or of the predecessor in function of the office or
149		-	a division of the office;
	147	+	a division of the office; and
150	148		(15) a current or former child protective services
151		-	caseworker, adult protective services caseworker, or investigator
152		-	for the Department of Family and Protective Services or a current or
153		-	former employee of a department contractor performing child
154		-	protective services caseworker, adult protective services
155		-	caseworker, or investigator functions for the contractor on behalf
156		-	of the department; and
157		-	(16) state officers elected statewide and members of
158		-	the legislature.
	149	+	caseworker or investigator for the Department of Family and
	150	+	Protective Services or a current or former employee of a department
	151	+	contractor performing child protective services caseworker or
	152	+	investigator functions for the contractor on behalf of the
	153	+	department.
159	154		SECTION 4. Section 25.025(a), Tax Code, as amended by
160	155		Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B.
161	156		1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular
162	157		Session, 2017, is reenacted and amended to read as follows:
163	158		(a) This section applies only to:
164	159		(1) a current or former peace officer as defined by
165	160		Article 2.12, Code of Criminal Procedure, and the spouse or
166	161		surviving spouse of the peace officer;
167	162		(2) the adult child of a current peace officer as
168	163		defined by Article 2.12, Code of Criminal Procedure;
169	164		(3) a county jailer as defined by Section 1701.001,
170	165		Occupations Code;
171	166		(4) an employee of the Texas Department of Criminal
172	167		Justice;
173	168		(5) a commissioned security officer as defined by
174	169		Section 1702.002, Occupations Code;
175	170		(6) an individual who shows that the individual, the
176	171		individual's child, or another person in the individual's household
177	172		is a victim of family violence as defined by Section 71.004, Family
178	173		Code, by providing:
179	174		(A) a copy of a protective order issued under
180	175		Chapter 85, Family Code, or a magistrate's order for emergency
181	176		protection issued under Article 17.292, Code of Criminal Procedure;
182	177		or
183	178		(B) other independent documentary evidence
184	179		necessary to show that the individual, the individual's child, or
185	180		another person in the individual's household is a victim of family
186	181		violence;
187	182		(7) [(6)] an individual who shows that the individual,
188	183		the individual's child, or another person in the individual's
189	184		household is a victim of sexual assault or abuse, stalking, or
190	185		trafficking of persons by providing:
191	186		(A) a copy of a protective order issued under
192	187		Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
193	188		magistrate's order for emergency protection issued under Article
194	189		17.292, Code of Criminal Procedure; or
195	190		(B) other independent documentary evidence
196	191		necessary to show that the individual, the individual's child, or
197	192		another person in the individual's household is a victim of sexual
198	193		assault or abuse, stalking, or trafficking of persons;
199	194		(8) [(7)] a participant in the address
200	195		confidentiality program administered by the attorney general under
201	196		Subchapter C, Chapter 56, Code of Criminal Procedure, who provides
202	197		proof of certification under Article 56.84, Code of Criminal
203	198		Procedure;
204	199		(9) [(8)] a federal judge, a state judge, or the
205	200		spouse of a federal judge or state judge;
206	201		(10) a current or former district attorney, criminal
207	202		district attorney, or county or municipal attorney whose
208	203		jurisdiction includes any criminal law or child protective services
209	204		matters;
210	205		(11) [(9)] a current or former employee of a district
211	206		attorney, criminal district attorney, or county or municipal
212	207		attorney whose jurisdiction includes any criminal law or child
213	208		protective services matters;
214	209		(12) [(10)] an officer or employee of a community
215	210		supervision and corrections department established under Chapter
216	211		76, Government Code, who performs a duty described by Section
217	212		76.004(b) of that code;
218	213		(13) [(11)] a criminal investigator of the United
219	214		States as described by Article 2.122(a), Code of Criminal
220	215		Procedure;
221	216		(14) [(12)] a police officer or inspector of the
222	217		United States Federal Protective Service;
223	218		(15) [(13)] a current or former United States attorney
224	219		or assistant United States attorney and the spouse and child of the
225	220		attorney;
226	221		(16) [(14)] a current or former employee of the office
227	222		of the attorney general who is or was assigned to a division of that
228	223		office the duties of which involve law enforcement;
229	224		(17) [(15)] a medical examiner or person who performs
230	225		forensic analysis or testing who is employed by this state or one or
231	226		more political subdivisions of this state;
232	227		(18) [(16)] a current or former member of the United
233	228		States armed forces who has served in an area that the president of
234	229		the United States by executive order designates for purposes of 26
235	230		U.S.C. Section 112 as an area in which armed forces of the United
236	231		States are or have engaged in combat;
237	232		(19) [(17)] a current or former employee of the Texas
238	233		Juvenile Justice Department or of the predecessors in function of
239	234		the department;
240	235		(20) [(18)] a current or former juvenile probation or
241	236		supervision officer certified by the Texas Juvenile Justice
242	237		Department, or the predecessors in function of the department,
243	238		under Title 12, Human Resources Code;
244	239		(21) [(19)] a current or former employee of a juvenile
245	240		justice program or facility, as those terms are defined by Section
246	241		261.405, Family Code; [and]
247	242		(22) [(18)] a current or former employee of the Texas
248	243		Civil Commitment Office or of the predecessor in function of the
249	244		office or a division of the office;
250	245		(23) [(18)] a current or former employee of a federal
251		-	judge or state judge;
	246	+	judge or state judge; and
252	247		(24) a current or former child protective services
253		-	caseworker, adult protective services caseworker, or investigator
254		-	for the Department of Family and Protective Services or a current or
255		-	former employee of a department contractor performing child
256		-	protective services caseworker, adult protective services
257		-	caseworker, or investigator functions for the contractor on behalf
258		-	of the department; and
259		-	(25) a state officer elected statewide or a member of
260		-	the legislature.
	248	+	caseworker or investigator for the Department of Family and
	249	+	Protective Services or a current or former employee of a department
	250	+	contractor performing child protective services caseworker or
	251	+	investigator functions for the contractor on behalf of the
	252	+	department.
261	253		SECTION 5. The changes in law made by this Act to Sections
262	254		552.117 and 552.1175, Government Code, and Section 25.025, Tax
263	255		Code, apply only to a request for information that is received by a
264	256		governmental body or an officer for public information on or after
265	257		the effective date of this Act. A request for information that was
266	258		received before the effective date of this Act is governed by the
267	259		law in effect on the date the request was received, and the former
268	260		law is continued in effect for that purpose.
269	261		SECTION 6. To the extent of any conflict, this Act prevails
270	262		over another Act of the 86th Legislature, Regular Session, 2019,
271	263		relating to nonsubstantive additions to and corrections in enacted
272	264		codes.
273	265		SECTION 7. This Act takes effect immediately if it receives
274	266		a vote of two-thirds of all the members elected to each house, as
275	267		provided by Section 39, Article III, Texas Constitution. If this
276	268		Act does not receive the vote necessary for immediate effect, this
277	269		Act takes effect September 1, 2019.
278		-	______________________________ ______________________________
279		-	President of the Senate Speaker of the House
280		-	I hereby certify that S.B. No. 1494 passed the Senate on
281		-	April 11, 2019, by the following vote: Yeas 31, Nays 0; and that
282		-	the Senate concurred in House amendments on May 23, 2019, by the
283		-	following vote: Yeas 31, Nays 0.
284		-	______________________________
285		-	Secretary of the Senate
286		-	I hereby certify that S.B. No. 1494 passed the House, with
287		-	amendments, on May 16, 2019, by the following vote: Yeas 127,
288		-	Nays 7, two present not voting.
289		-	______________________________
290		-	Chief Clerk of the House
291		-	Approved:
292		-	______________________________
293		-	Date
294		-	______________________________
295		-	Governor