Texas 2019 - 86th Regular

Texas Senate Bill SB1965 Compare Versions

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

Old	New	Differences
1	1	86R12448 BEF-D
2	2	By: Zaffirini S.B. No. 1965
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 or public defender.
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,
85	85	assistant United States attorney, federal public defender, deputy
86	86	federal public defender, or assistant federal public defender,
87	87	regardless of whether the current or former attorney or public
88	88	defender complies with Section 552.024 or 552.1175 [(13) a current
89	89	or former district attorney, criminal district attorney, or county
90	90	attorney whose jurisdiction includes any criminal law or child
91	91	protective services matter].
92	92	SECTION 2. The heading to Section 552.1175, Government
93	93	Code, is amended to read as follows:
94	94	Sec. 552.1175. EXCEPTION: CONFIDENTIALITY OF CERTAIN
95	95	PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER
96	96	OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS [, COUNTY
97	97	JAILERS, SECURITY OFFICERS, EMPLOYEES OF CERTAIN STATE AGENCIES OR
98	98	CERTAIN CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND
99	99	FEDERAL AND STATE JUDGES].
100	100	SECTION 3. Section 552.1175(a), Government Code, is amended
101	101	to read as follows:
102	102	(a) This section applies only to:
103	103	(1) peace officers as defined by Article 2.12, Code of
104	104	Criminal Procedure;
105	105	(2) county jailers as defined by Section 1701.001,
106	106	Occupations Code;
107	107	(3) current or former employees of the Texas
108	108	Department of Criminal Justice or of the predecessor in function of
109	109	the department or any division of the department;
110	110	(4) commissioned security officers as defined by
111	111	Section 1702.002, Occupations Code;
112	112	(5) a current or former district attorney, criminal
113	113	district attorney, or county or municipal attorney whose
114	114	jurisdiction includes any criminal law or child protective services
115	115	matters;
116	116	(5-a) a current or former employee of a district
117	117	attorney, criminal district attorney, or county or municipal
118	118	attorney whose jurisdiction includes any criminal law or child
119	119	protective services matters;
120	120	(6) officers and employees of a community supervision
121	121	and corrections department established under Chapter 76 who perform
122	122	a duty described by Section 76.004(b);
123	123	(7) criminal investigators of the United States as
124	124	described by Article 2.122(a), Code of Criminal Procedure;
125	125	(8) police officers and inspectors of the United
126	126	States Federal Protective Service;
127	127	(9) current and former employees of the office of the
128	128	attorney general who are or were assigned to a division of that
129	129	office the duties of which involve law enforcement;
130	130	(10) current or former juvenile probation and
131	131	detention officers certified by the Texas Juvenile Justice
132	132	Department, or the predecessors in function of the department,
133	133	under Title 12, Human Resources Code;
134	134	(11) current or former employees of a juvenile justice
135	135	program or facility, as those terms are defined by Section 261.405,
136	136	Family Code;
137	137	(12) current or former employees of the Texas Juvenile
138	138	Justice Department or the predecessors in function of the
139	139	department;
140	140	(13) federal judges and state judges as defined by
141	141	Section 13.0021, Election Code; [and]
142	142	(14) current or former employees of the Texas Civil
143	143	Commitment Office or of the predecessor in function of the office or
144	144	a division of the office; and
145	145	(15) a current or former United States attorney,
146	146	assistant United States attorney, federal public defender, deputy
147	147	federal public defender, or assistant federal public defender.
148	148	SECTION 4. Section 25.025(a), Tax Code, as amended by
149	149	Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B.
150	150	1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular
151	151	Session, 2017, is reenacted and amended to read as follows:
152	152	(a) This section applies only to:
153	153	(1) a current or former peace officer as defined by
154	154	Article 2.12, Code of Criminal Procedure, and the spouse or
155	155	surviving spouse of the peace officer;
156	156	(2) the adult child of a current peace officer as
157	157	defined by Article 2.12, Code of Criminal Procedure;
158	158	(3) a county jailer as defined by Section 1701.001,
159	159	Occupations Code;
160	160	(4) an employee of the Texas Department of Criminal
161	161	Justice;
162	162	(5) a commissioned security officer as defined by
163	163	Section 1702.002, Occupations Code;
164	164	(6) an individual who shows that the individual, the
165	165	individual's child, or another person in the individual's household
166	166	is a victim of family violence as defined by Section 71.004, Family
167	167	Code, by providing:
168	168	(A) a copy of a protective order issued under
169	169	Chapter 85, Family Code, or a magistrate's order for emergency
170	170	protection issued under Article 17.292, Code of Criminal Procedure;
171	171	or
172	172	(B) other independent documentary evidence
173	173	necessary to show that the individual, the individual's child, or
174	174	another person in the individual's household is a victim of family
175	175	violence;
176	176	(7) [(6)] an individual who shows that the individual,
177	177	the individual's child, or another person in the individual's
178	178	household is a victim of sexual assault or abuse, stalking, or
179	179	trafficking of persons by providing:
180	180	(A) a copy of a protective order issued under
181	181	Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
182	182	magistrate's order for emergency protection issued under Article
183	183	17.292, Code of Criminal Procedure; or
184	184	(B) other independent documentary evidence
185	185	necessary to show that the individual, the individual's child, or
186	186	another person in the individual's household is a victim of sexual
187	187	assault or abuse, stalking, or trafficking of persons;
188	188	(8) [(7)] a participant in the address
189	189	confidentiality program administered by the attorney general under
190	190	Subchapter C, Chapter 56, Code of Criminal Procedure, who provides
191	191	proof of certification under Article 56.84, Code of Criminal
192	192	Procedure;
193	193	(9) [(8)] a federal judge, a state judge, or the
194	194	spouse of a federal judge or state judge;
195	195	(10) a current or former district attorney, criminal
196	196	district attorney, or county or municipal attorney whose
197	197	jurisdiction includes any criminal law or child protective services
198	198	matters;
199	199	(11) [(9)] a current or former employee of a district
200	200	attorney, criminal district attorney, or county or municipal
201	201	attorney whose jurisdiction includes any criminal law or child
202	202	protective services matters;
203	203	(12) [(10)] an officer or employee of a community
204	204	supervision and corrections department established under Chapter
205	205	76, Government Code, who performs a duty described by Section
206	206	76.004(b) of that code;
207	207	(13) [(11)] a criminal investigator of the United
208	208	States as described by Article 2.122(a), Code of Criminal
209	209	Procedure;
210	210	(14) [(12)] a police officer or inspector of the
211	211	United States Federal Protective Service;
212	212	(15) [(13)] a current or former United States
213	213	attorney, [or] assistant United States attorney, federal public
214	214	defender, deputy federal public defender, or assistant federal
215	215	public defender and the spouse and child of the attorney or public
216	216	defender;
217	217	(16) [(14)] a current or former employee of the office
218	218	of the attorney general who is or was assigned to a division of that
219	219	office the duties of which involve law enforcement;
220	220	(17) [(15)] a medical examiner or person who performs
221	221	forensic analysis or testing who is employed by this state or one or
222	222	more political subdivisions of this state;
223	223	(18) [(16)] a current or former member of the United
224	224	States armed forces who has served in an area that the president of
225	225	the United States by executive order designates for purposes of 26
226	226	U.S.C. Section 112 as an area in which armed forces of the United
227	227	States are or have engaged in combat;
228	228	(19) [(17)] a current or former employee of the Texas
229	229	Juvenile Justice Department or of the predecessors in function of
230	230	the department;
231	231	(20) [(18)] a current or former juvenile probation or
232	232	supervision officer certified by the Texas Juvenile Justice
233	233	Department, or the predecessors in function of the department,
234	234	under Title 12, Human Resources Code;
235	235	(21) [(19)] a current or former employee of a juvenile
236	236	justice program or facility, as those terms are defined by Section
237	237	261.405, Family Code; [and]
238	238	(22) [(18)] a current or former employee of the Texas
239	239	Civil Commitment Office or of the predecessor in function of the
240	240	office or a division of the office; and
241	241	(23) [(18)] a current or former employee of a federal
242	242	judge or state judge.
243	243	SECTION 5. The changes in law made by this Act to Sections
244	244	552.117 and 552.1175, Government Code, and Section 25.025, Tax
245	245	Code, apply only to a request for information that is received by a
246	246	governmental body or an officer on or after the effective date of
247	247	this Act. A request for information that was received before the
248	248	effective date of this Act is governed by the law in effect on the
249	249	date the request was received, and the former law is continued in
250	250	effect for that purpose.
251	251	SECTION 6. To the extent of any conflict, this Act prevails
252	252	over another Act of the 86th Legislature, Regular Session, 2019,
253	253	relating to nonsubstantive additions to and corrections in enacted
254	254	codes.
255	255	SECTION 7. This Act takes effect immediately if it receives
256	256	a vote of two-thirds of all the members elected to each house, as
257	257	provided by Section 39, Article III, Texas Constitution. If this
258	258	Act does not receive the vote necessary for immediate effect, this
259	259	Act takes effect September 1, 2019.