Texas 2019 - 86th Regular

Texas Senate Bill SB662 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 662
	1	+	By: Campbell S.B. No. 662
	2	+	(Paddie)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the availability of personal information of a statewide
6	8		elected official or member of the legislature.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 552.117(a), Government Code, as amended
9	11		by Chapters 34 (S.B. 1576), 190 (S.B. 42), and 1006 (H.B. 1278),
10	12		Acts of the 85th Legislature, Regular Session, 2017, is reenacted
11	13		and amended to read as follows:
12	14		(a) Information is excepted from the requirements of
13	15		Section 552.021 if it is information that relates to the home
14	16		address, home telephone number, emergency contact information, or
15	17		social security number of the following person or that reveals
16	18		whether the person has family members:
17	19		(1) a current or former official or employee of a
18	20		governmental body, except as otherwise provided by Section 552.024;
19	21		(2) a peace officer as defined by Article 2.12, Code of
20	22		Criminal Procedure, or a security officer commissioned under
21	23		Section 51.212, Education Code, regardless of whether the officer
22	24		complies with Section 552.024 or 552.1175, as applicable;
23	25		(3) a current or former employee of the Texas
24	26		Department of Criminal Justice or of the predecessor in function of
25	27		the department or any division of the department, regardless of
26	28		whether the current or former employee complies with Section
27	29		552.1175;
28	30		(4) a peace officer as defined by Article 2.12, Code of
29	31		Criminal Procedure, or other law, a reserve law enforcement
30	32		officer, a commissioned deputy game warden, or a corrections
31	33		officer in a municipal, county, or state penal institution in this
32	34		state who was killed in the line of duty, regardless of whether the
33	35		deceased complied with Section 552.024 or 552.1175;
34	36		(5) a commissioned security officer as defined by
35	37		Section 1702.002, Occupations Code, regardless of whether the
36	38		officer complies with Section 552.024 or 552.1175, as applicable;
37	39		(6) an officer or employee of a community supervision
38	40		and corrections department established under Chapter 76 who
39	41		performs a duty described by Section 76.004(b), regardless of
40	42		whether the officer or employee complies with Section 552.024 or
41	43		552.1175;
42	44		(7) a current or former employee of the office of the
43	45		attorney general who is or was assigned to a division of that office
44	46		the duties of which involve law enforcement, regardless of whether
45	47		the current or former employee complies with Section 552.024 or
46	48		552.1175;
47	49		(8) a current or former employee of the Texas Juvenile
48	50		Justice Department or of the predecessors in function of the
49	51		department, regardless of whether the current or former employee
50	52		complies with Section 552.024 or 552.1175;
51	53		(9) a current or former juvenile probation or
52	54		supervision officer certified by the Texas Juvenile Justice
53	55		Department, or the predecessors in function of the department,
54	56		under Title 12, Human Resources Code, regardless of whether the
55	57		current or former officer complies with Section 552.024 or
56	58		552.1175;
57	59		(10) a current or former employee of a juvenile
58	60		justice program or facility, as those terms are defined by Section
59	61		261.405, Family Code, regardless of whether the current or former
60	62		employee complies with Section 552.024 or 552.1175;
61	63		(11) a current or former member of the Texas military
62	64		forces, as that term is defined by Section 437.001;
63	65		(12) a current or former district attorney, criminal
64	66		district attorney, or county or municipal attorney whose
65	67		jurisdiction includes any criminal law or child protective services
66	68		matters, regardless of whether the current or former attorney
67	69		complies with Section 552.024 or 552.1175; [or]
68	70		(13) a current or former employee of a district
69	71		attorney, criminal district attorney, or county or municipal
70	72		attorney whose jurisdiction includes any criminal law or child
71	73		protective services matters, regardless of whether the current or
72	74		former employee complies with Section 552.024 or 552.1175;
73	75		(14) [(12)] a current or former employee of the Texas
74	76		Civil Commitment Office or of the predecessor in function of the
75	77		office or a division of the office, regardless of whether the
76	78		current or former employee complies with Section 552.024 or
77	79		552.1175;
78	80		(15) [(12)] a current or former federal judge or state
79	81		judge, as those terms are defined by Section 13.0021(a), Election
80	82		Code, or a spouse of a current or former federal judge or state
81	83		judge; or
82	84		(16) a state officer elected statewide or a member of
83	85		the legislature, regardless of whether the officer or member
84	86		complies with Section 552.024 or 552.1175 [(13) a current or
85	87		former district attorney, criminal district attorney, or county
86	88		attorney whose jurisdiction includes any criminal law or child
87	89		protective services matter].
88	90		SECTION 2. The heading to Section 552.1175, Government
89	91		Code, is amended to read as follows:
90	92		Sec. 552.1175. EXCEPTION: CONFIDENTIALITY OF CERTAIN
91	93		PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER
92	94		OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS [, COUNTY
93	95		JAILERS, SECURITY OFFICERS, EMPLOYEES OF CERTAIN STATE AGENCIES OR
94	96		CERTAIN CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND
95	97		FEDERAL AND STATE JUDGES].
96	98		SECTION 3. Section 552.1175(a), Government Code, is amended
97	99		to read as follows:
98	100		(a) This section applies only to:
99	101		(1) peace officers as defined by Article 2.12, Code of
100	102		Criminal Procedure;
101	103		(2) county jailers as defined by Section 1701.001,
102	104		Occupations Code;
103	105		(3) current or former employees of the Texas
104	106		Department of Criminal Justice or of the predecessor in function of
105	107		the department or any division of the department;
106	108		(4) commissioned security officers as defined by
107	109		Section 1702.002, Occupations Code;
108	110		(5) a current or former district attorney, criminal
109	111		district attorney, or county or municipal attorney whose
110	112		jurisdiction includes any criminal law or child protective services
111	113		matters;
112	114		(5-a) a current or former employee of a district
113	115		attorney, criminal district attorney, or county or municipal
114	116		attorney whose jurisdiction includes any criminal law or child
115	117		protective services matters;
116	118		(6) officers and employees of a community supervision
117	119		and corrections department established under Chapter 76 who perform
118	120		a duty described by Section 76.004(b);
119	121		(7) criminal investigators of the United States as
120	122		described by Article 2.122(a), Code of Criminal Procedure;
121	123		(8) police officers and inspectors of the United
122	124		States Federal Protective Service;
123	125		(9) current and former employees of the office of the
124	126		attorney general who are or were assigned to a division of that
125	127		office the duties of which involve law enforcement;
126	128		(10) current or former juvenile probation and
127	129		detention officers certified by the Texas Juvenile Justice
128	130		Department, or the predecessors in function of the department,
129	131		under Title 12, Human Resources Code;
130	132		(11) current or former employees of a juvenile justice
131	133		program or facility, as those terms are defined by Section 261.405,
132	134		Family Code;
133	135		(12) current or former employees of the Texas Juvenile
134	136		Justice Department or the predecessors in function of the
135	137		department;
136	138		(13) federal judges and state judges as defined by
137	139		Section 13.0021, Election Code; [and]
138	140		(14) current or former employees of the Texas Civil
139	141		Commitment Office or of the predecessor in function of the office or
140	142		a division of the office; and
141	143		(15) state officers elected statewide and members of
142	144		the legislature.
143	145		SECTION 4. Section 25.025(a), Tax Code, as amended by
144	146		Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B.
145	147		1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular
146	148		Session, 2017, is reenacted and amended to read as follows:
147	149		(a) This section applies only to:
148	150		(1) a current or former peace officer as defined by
149	151		Article 2.12, Code of Criminal Procedure, and the spouse or
150	152		surviving spouse of the peace officer;
151	153		(2) the adult child of a current peace officer as
152	154		defined by Article 2.12, Code of Criminal Procedure;
153	155		(3) a county jailer as defined by Section 1701.001,
154	156		Occupations Code;
155	157		(4) an employee of the Texas Department of Criminal
156	158		Justice;
157	159		(5) a commissioned security officer as defined by
158	160		Section 1702.002, Occupations Code;
159	161		(6) an individual who shows that the individual, the
160	162		individual's child, or another person in the individual's household
161	163		is a victim of family violence as defined by Section 71.004, Family
162	164		Code, by providing:
163	165		(A) a copy of a protective order issued under
164	166		Chapter 85, Family Code, or a magistrate's order for emergency
165	167		protection issued under Article 17.292, Code of Criminal Procedure;
166	168		or
167	169		(B) other independent documentary evidence
168	170		necessary to show that the individual, the individual's child, or
169	171		another person in the individual's household is a victim of family
170	172		violence;
171	173		(7) [(6)] an individual who shows that the individual,
172	174		the individual's child, or another person in the individual's
173	175		household is a victim of sexual assault or abuse, stalking, or
174	176		trafficking of persons by providing:
175	177		(A) a copy of a protective order issued under
176	178		Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
177	179		magistrate's order for emergency protection issued under Article
178	180		17.292, Code of Criminal Procedure; or
179	181		(B) other independent documentary evidence
180	182		necessary to show that the individual, the individual's child, or
181	183		another person in the individual's household is a victim of sexual
182	184		assault or abuse, stalking, or trafficking of persons;
183	185		(8) [(7)] a participant in the address
184	186		confidentiality program administered by the attorney general under
185	187		Subchapter C, Chapter 56, Code of Criminal Procedure, who provides
186	188		proof of certification under Article 56.84, Code of Criminal
187	189		Procedure;
188	190		(9) [(8)] a federal judge, a state judge, or the
189	191		spouse of a federal judge or state judge;
190	192		(10) a current or former district attorney, criminal
191	193		district attorney, or county or municipal attorney whose
192	194		jurisdiction includes any criminal law or child protective services
193	195		matters;
194	196		(11) [(9)] a current or former employee of a district
195	197		attorney, criminal district attorney, or county or municipal
196	198		attorney whose jurisdiction includes any criminal law or child
197	199		protective services matters;
198	200		(12) [(10)] an officer or employee of a community
199	201		supervision and corrections department established under Chapter
200	202		76, Government Code, who performs a duty described by Section
201	203		76.004(b) of that code;
202	204		(13) [(11)] a criminal investigator of the United
203	205		States as described by Article 2.122(a), Code of Criminal
204	206		Procedure;
205	207		(14) [(12)] a police officer or inspector of the
206	208		United States Federal Protective Service;
207	209		(15) [(13)] a current or former United States attorney
208	210		or assistant United States attorney and the spouse and child of the
209	211		attorney;
210	212		(16) [(14)] a current or former employee of the office
211	213		of the attorney general who is or was assigned to a division of that
212	214		office the duties of which involve law enforcement;
213	215		(17) [(15)] a medical examiner or person who performs
214	216		forensic analysis or testing who is employed by this state or one or
215	217		more political subdivisions of this state;
216	218		(18) [(16)] a current or former member of the United
217	219		States armed forces who has served in an area that the president of
218	220		the United States by executive order designates for purposes of 26
219	221		U.S.C. Section 112 as an area in which armed forces of the United
220	222		States are or have engaged in combat;
221	223		(19) [(17)] a current or former employee of the Texas
222	224		Juvenile Justice Department or of the predecessors in function of
223	225		the department;
224	226		(20) [(18)] a current or former juvenile probation or
225	227		supervision officer certified by the Texas Juvenile Justice
226	228		Department, or the predecessors in function of the department,
227	229		under Title 12, Human Resources Code;
228	230		(21) [(19)] a current or former employee of a juvenile
229	231		justice program or facility, as those terms are defined by Section
230	232		261.405, Family Code; [and]
231	233		(22) [(18)] a current or former employee of the Texas
232	234		Civil Commitment Office or of the predecessor in function of the
233	235		office or a division of the office;
234	236		(23) [(18)] a current or former employee of a federal
235	237		judge or state judge; and
236	238		(24) a state officer elected statewide or a member of
237	239		the legislature.
238	240		SECTION 5. The changes in law made by this Act to Sections
239	241		552.117 and 552.1175, Government Code, and Section 25.025, Tax
240	242		Code, apply only to a request for information that is received by a
241	243		governmental body or an officer on or after the effective date of
242	244		this Act. A request for information that was received before the
243	245		effective date of this Act is governed by the law in effect on the
244	246		date the request was received, and the former law is continued in
245	247		effect for that purpose.
246	248		SECTION 6. To the extent of any conflict, this Act prevails
247	249		over another Act of the 86th Legislature, Regular Session, 2019,
248	250		relating to nonsubstantive additions to and corrections in enacted
249	251		codes.
250	252		SECTION 7. This Act takes effect immediately if it receives
251	253		a vote of two-thirds of all the members elected to each house, as
252	254		provided by Section 39, Article III, Texas Constitution. If this
253	255		Act does not receive the vote necessary for immediate effect, this
254	256		Act takes effect September 1, 2019.
255		-	______________________________ ______________________________
256		-	President of the Senate Speaker of the House
257		-	I hereby certify that S.B. No. 662 passed the Senate on
258		-	April 26, 2019, by the following vote: Yeas 30, Nays 0.
259		-	______________________________
260		-	Secretary of the Senate
261		-	I hereby certify that S.B. No. 662 passed the House on
262		-	May 22, 2019, by the following vote: Yeas 142, Nays 0,
263		-	three present not voting.
264		-	______________________________
265		-	Chief Clerk of the House
266		-	Approved:
267		-	______________________________
268		-	Date
269		-	______________________________
270		-	Governor