86R10514 ATP-D
By: Hughes S.B. No. 905
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain personal information of
certain persons obtained for the purposes of voting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.005, Election Code, is amended by
adding Subdivisions (4-a) and (18-a) to read as follows:
(4-a) "Federal judge" means:
(A) a judge, former judge, or retired judge of a
United States court of appeals;
(B) a judge, former judge, or retired judge of a
United States district court;
(C) a judge, former judge, or retired judge of a
United States bankruptcy court; or
(D) a magistrate judge, former magistrate judge,
or retired magistrate judge of a United States district court.
(18-a) "State judge" means:
(A) a judge, former judge, or retired judge of an
appellate court, a district court, a constitutional county court, a
county court at law, or a statutory probate court of this state;
(B) an associate judge appointed under Chapter
201, Family Code, or a retired associate judge or former associate
judge appointed under that chapter;
(C) a magistrate or associate judge appointed
under Chapter 54 or 54A, Government Code;
(D) a justice of the peace; or
(E) a municipal court judge.
SECTION 2. Section 13.004, Election Code, is amended by
amending Subsections (c) and (d) and adding Subsection (e) to read
as follows:
(c) The following information furnished on a registration
application is confidential and does not constitute public
information for purposes of Chapter 552, Government Code:
(1) a social security number;
(2) a Texas driver's license number;
(3) a number of a personal identification card issued
by the Department of Public Safety;
(4) an indication that an applicant is interested in
working as an election judge;
(5) the residence address of the applicant, if the
applicant is a federal judge or state judge[, as defined by Section
13.0021], the spouse of a federal judge or state judge, or an
individual to whom Section 552.1175, Government Code, or Section
521.1211, Transportation Code, applies and the applicant:
(A) included an affidavit with the registration
application describing the applicant's status under this
subdivision, [including an affidavit under Section 13.0021] if the
applicant is a federal judge or state judge or the spouse of a
federal judge or state judge;
(B) provided the registrar with an affidavit
describing the applicant's status under this subdivision,
[including an affidavit under Section 15.0215] if the applicant is
a federal judge or state judge or the spouse of a federal judge or
state judge; or
(C) provided the registrar with a completed form
approved by the secretary of state for the purpose of notifying the
registrar of the applicant's status under this subdivision;
(6) the residence address of the applicant, if the
applicant, the applicant's child, or another person in the
applicant's household is a victim of family violence as defined by
Section 71.004, Family Code, who provided the registrar with:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of family
violence;
(7) the residence address of the applicant, if the
applicant, the applicant's child, or another person in the
applicant's household is a victim of sexual assault or abuse,
stalking, or trafficking of persons who provided the registrar
with:
(A) a copy of a protective order issued under
Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons; [or]
(8) the residence address of the applicant, if the
applicant:
(A) is a participant in the address
confidentiality program administered by the attorney general under
Subchapter C, Chapter 56, Code of Criminal Procedure; and
(B) provided the registrar with proof of
certification under Article 56.84, Code of Criminal Procedure; or
(9) the telephone number of any applicant submitting
documentation under Subdivision (5), (6), (7), or (8).
(d) The voter registrar or other county official who has
access to the information furnished on a registration application
may not post the following information on a website:
(1) a telephone number;
(2) a social security number;
(3) a driver's license number or a number of a personal
identification card;
(4) a date of birth; or
(5) the residence address of a voter who submits
documentation under Subsection (c)(5), (6), (7), or (8) to the
voter registrar [is a federal judge or state judge, as defined by
Section 13.0021, or the spouse of a federal judge or state judge, if
the voter included an affidavit with the application under Section
13.0021] or regarding whom the registrar has received notification
[an affidavit submitted] under Section 15.0215.
(e) Documentation submitted under Subsection (c)(5), (6),
(7), or (8) shall be retained on file with the voter registration
application.
SECTION 3. Section 15.0215(b), Election Code, is amended to
read as follows:
(b) On receiving notice from the Office of Court
Administration of the Texas Judicial System of the person's
qualification for office as a federal judge or state judge and of
the name of the judge's spouse, if applicable, the registrar of the
county in which the judge resides shall:
(1) omit from the registration list the residence
address of the judge and the spouse of the judge; and
(2) prepare a memorandum of the notice, indicating the
substance and date of the notification, and retain the memorandum
on file with the application.
SECTION 4. Section 15.081(d), Election Code, is amended to
read as follows:
(d) Notwithstanding Subsection (b), the suspense list may
not contain the residence address of a voter whose residence
address is confidential under Section 13.004 [who is a federal
judge, a state judge, or the spouse of a federal judge or state
judge, if the voter included an affidavit with the voter's
registration application under Section 13.0021 or the registrar
received an affidavit submitted under Section 15.0215 before the
list was prepared. In this subsection, "federal judge" and "state
judge" have the meanings assigned by Section 13.0021].
SECTION 5. Section 18.005(c), Election Code, is amended to
read as follows:
(c) The original or supplemental list of registered voters
may not contain the residence address of a voter whose residence
address is confidential under Section 13.004 [who is a federal
judge, a state judge, or the spouse of a federal judge or state
judge, if the voter included an affidavit with the voter's
registration application under Section 13.0021 or the registrar
received an affidavit submitted under Section 15.0215 before the
list was prepared. In this subsection, "federal judge" and "state
judge" have the meanings assigned by Section 13.0021].
SECTION 6. Section 18.066(b), Election Code, is amended to
read as follows:
(b) Information furnished under this section may not
include:
(1) a voter's social security number; or
(2) the residence address of a voter whose residence
address is confidential under Section 13.004 [who is a federal
judge or state judge, as defined by Section 13.0021, or the spouse
of a federal judge or state judge, if the voter included an
affidavit with the voter's registration application under Section
13.0021 or the applicable registrar has received an affidavit
submitted under Section 15.0215].
SECTION 7. 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; or
(15) [(12)] a current or former federal judge or state
judge, as those terms are defined by Section 1.005 [13.0021(a)],
Election Code, or a spouse of a current or former federal judge or
state judge[; or
[(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 8. 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, or special investigators as described by
Article 2.122, 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 1.005 [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.
SECTION 9. The change in law made by this Act to Section
552.1175, Government Code, applies 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 10. Sections 13.0021(a) and 15.0215(a), Election
Code, are repealed.
SECTION 11. This Act takes effect September 1, 2019.