Texas 2019 - 86th Regular

Texas Senate Bill SB905 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	86R10514 ATP-D
1	2		By: Hughes S.B. No. 905
2		-	(In the Senate - Filed March 8, 2019; March 11, 2019, read
3		-	first time and referred to Committee on State Affairs;
4		-	April 8, 2019, reported favorably by the following vote: Yeas 9,
5		-	Nays 0; April 8, 2019, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the confidentiality of certain personal information of
12	8		certain persons obtained for the purposes of voting.
13	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	10		SECTION 1. Section 1.005, Election Code, is amended by
15	11		adding Subdivisions (4-a) and (18-a) to read as follows:
16	12		(4-a) "Federal judge" means:
17	13		(A) a judge, former judge, or retired judge of a
18	14		United States court of appeals;
19	15		(B) a judge, former judge, or retired judge of a
20	16		United States district court;
21	17		(C) a judge, former judge, or retired judge of a
22	18		United States bankruptcy court; or
23	19		(D) a magistrate judge, former magistrate judge,
24	20		or retired magistrate judge of a United States district court.
25	21		(18-a) "State judge" means:
26	22		(A) a judge, former judge, or retired judge of an
27	23		appellate court, a district court, a constitutional county court, a
28	24		county court at law, or a statutory probate court of this state;
29	25		(B) an associate judge appointed under Chapter
30	26		201, Family Code, or a retired associate judge or former associate
31	27		judge appointed under that chapter;
32	28		(C) a magistrate or associate judge appointed
33	29		under Chapter 54 or 54A, Government Code;
34	30		(D) a justice of the peace; or
35	31		(E) a municipal court judge.
36	32		SECTION 2. Section 13.004, Election Code, is amended by
37	33		amending Subsections (c) and (d) and adding Subsection (e) to read
38	34		as follows:
39	35		(c) The following information furnished on a registration
40	36		application is confidential and does not constitute public
41	37		information for purposes of Chapter 552, Government Code:
42	38		(1) a social security number;
43	39		(2) a Texas driver's license number;
44	40		(3) a number of a personal identification card issued
45	41		by the Department of Public Safety;
46	42		(4) an indication that an applicant is interested in
47	43		working as an election judge;
48	44		(5) the residence address of the applicant, if the
49	45		applicant is a federal judge or state judge[, as defined by Section
50	46		13.0021], the spouse of a federal judge or state judge, or an
51	47		individual to whom Section 552.1175, Government Code, or Section
52	48		521.1211, Transportation Code, applies and the applicant:
53	49		(A) included an affidavit with the registration
54	50		application describing the applicant's status under this
55	51		subdivision, [including an affidavit under Section 13.0021] if the
56	52		applicant is a federal judge or state judge or the spouse of a
57	53		federal judge or state judge;
58	54		(B) provided the registrar with an affidavit
59	55		describing the applicant's status under this subdivision,
60	56		[including an affidavit under Section 15.0215] if the applicant is
61	57		a federal judge or state judge or the spouse of a federal judge or
62	58		state judge; or
63	59		(C) provided the registrar with a completed form
64	60		approved by the secretary of state for the purpose of notifying the
65	61		registrar of the applicant's status under this subdivision;
66	62		(6) the residence address of the applicant, if the
67	63		applicant, the applicant's child, or another person in the
68	64		applicant's household is a victim of family violence as defined by
69	65		Section 71.004, Family Code, who provided the registrar with:
70	66		(A) a copy of a protective order issued under
71	67		Chapter 85, Family Code, or a magistrate's order for emergency
72	68		protection issued under Article 17.292, Code of Criminal Procedure;
73	69		or
74	70		(B) other independent documentary evidence
75	71		necessary to show that the applicant, the applicant's child, or
76	72		another person in the applicant's household is a victim of family
77	73		violence;
78	74		(7) the residence address of the applicant, if the
79	75		applicant, the applicant's child, or another person in the
80	76		applicant's household is a victim of sexual assault or abuse,
81	77		stalking, or trafficking of persons who provided the registrar
82	78		with:
83	79		(A) a copy of a protective order issued under
84	80		Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
85	81		magistrate's order for emergency protection issued under Article
86	82		17.292, Code of Criminal Procedure; or
87	83		(B) other independent documentary evidence
88	84		necessary to show that the applicant, the applicant's child, or
89	85		another person in the applicant's household is a victim of sexual
90	86		assault or abuse, stalking, or trafficking of persons; [or]
91	87		(8) the residence address of the applicant, if the
92	88		applicant:
93	89		(A) is a participant in the address
94	90		confidentiality program administered by the attorney general under
95	91		Subchapter C, Chapter 56, Code of Criminal Procedure; and
96	92		(B) provided the registrar with proof of
97	93		certification under Article 56.84, Code of Criminal Procedure; or
98	94		(9) the telephone number of any applicant submitting
99	95		documentation under Subdivision (5), (6), (7), or (8).
100	96		(d) The voter registrar or other county official who has
101	97		access to the information furnished on a registration application
102	98		may not post the following information on a website:
103	99		(1) a telephone number;
104	100		(2) a social security number;
105	101		(3) a driver's license number or a number of a personal
106	102		identification card;
107	103		(4) a date of birth; or
108	104		(5) the residence address of a voter who submits
109	105		documentation under Subsection (c)(5), (6), (7), or (8) to the
110	106		voter registrar [is a federal judge or state judge, as defined by
111	107		Section 13.0021, or the spouse of a federal judge or state judge, if
112	108		the voter included an affidavit with the application under Section
113	109		13.0021] or regarding whom the registrar has received notification
114	110		[an affidavit submitted] under Section 15.0215.
115	111		(e) Documentation submitted under Subsection (c)(5), (6),
116	112		(7), or (8) shall be retained on file with the voter registration
117	113		application.
118	114		SECTION 3. Section 15.0215(b), Election Code, is amended to
119	115		read as follows:
120	116		(b) On receiving notice from the Office of Court
121	117		Administration of the Texas Judicial System of the person's
122	118		qualification for office as a federal judge or state judge and of
123	119		the name of the judge's spouse, if applicable, the registrar of the
124	120		county in which the judge resides shall:
125	121		(1) omit from the registration list the residence
126	122		address of the judge and the spouse of the judge; and
127	123		(2) prepare a memorandum of the notice, indicating the
128	124		substance and date of the notification, and retain the memorandum
129	125		on file with the application.
130	126		SECTION 4. Section 15.081(d), Election Code, is amended to
131	127		read as follows:
132	128		(d) Notwithstanding Subsection (b), the suspense list may
133	129		not contain the residence address of a voter whose residence
134	130		address is confidential under Section 13.004 [who is a federal
135	131		judge, a state judge, or the spouse of a federal judge or state
136	132		judge, if the voter included an affidavit with the voter's
137	133		registration application under Section 13.0021 or the registrar
138	134		received an affidavit submitted under Section 15.0215 before the
139	135		list was prepared. In this subsection, "federal judge" and "state
140	136		judge" have the meanings assigned by Section 13.0021].
141	137		SECTION 5. Section 18.005(c), Election Code, is amended to
142	138		read as follows:
143	139		(c) The original or supplemental list of registered voters
144	140		may not contain the residence address of a voter whose residence
145	141		address is confidential under Section 13.004 [who is a federal
146	142		judge, a state judge, or the spouse of a federal judge or state
147	143		judge, if the voter included an affidavit with the voter's
148	144		registration application under Section 13.0021 or the registrar
149	145		received an affidavit submitted under Section 15.0215 before the
150	146		list was prepared. In this subsection, "federal judge" and "state
151	147		judge" have the meanings assigned by Section 13.0021].
152	148		SECTION 6. Section 18.066(b), Election Code, is amended to
153	149		read as follows:
154	150		(b) Information furnished under this section may not
155	151		include:
156	152		(1) a voter's social security number; or
157	153		(2) the residence address of a voter whose residence
158	154		address is confidential under Section 13.004 [who is a federal
159	155		judge or state judge, as defined by Section 13.0021, or the spouse
160	156		of a federal judge or state judge, if the voter included an
161	157		affidavit with the voter's registration application under Section
162	158		13.0021 or the applicable registrar has received an affidavit
163	159		submitted under Section 15.0215].
164	160		SECTION 7. Section 552.117(a), Government Code, as amended
165	161		by Chapters 34 (S.B. 1576), 190 (S.B. 42), and 1006 (H.B. 1278),
166	162		Acts of the 85th Legislature, Regular Session, 2017, is reenacted
167	163		and amended to read as follows:
168	164		(a) Information is excepted from the requirements of
169	165		Section 552.021 if it is information that relates to the home
170	166		address, home telephone number, emergency contact information, or
171	167		social security number of the following person or that reveals
172	168		whether the person has family members:
173	169		(1) a current or former official or employee of a
174	170		governmental body, except as otherwise provided by Section 552.024;
175	171		(2) a peace officer as defined by Article 2.12, Code of
176	172		Criminal Procedure, or a security officer commissioned under
177	173		Section 51.212, Education Code, regardless of whether the officer
178	174		complies with Section 552.024 or 552.1175, as applicable;
179	175		(3) a current or former employee of the Texas
180	176		Department of Criminal Justice or of the predecessor in function of
181	177		the department or any division of the department, regardless of
182	178		whether the current or former employee complies with Section
183	179		552.1175;
184	180		(4) a peace officer as defined by Article 2.12, Code of
185	181		Criminal Procedure, or other law, a reserve law enforcement
186	182		officer, a commissioned deputy game warden, or a corrections
187	183		officer in a municipal, county, or state penal institution in this
188	184		state who was killed in the line of duty, regardless of whether the
189	185		deceased complied with Section 552.024 or 552.1175;
190	186		(5) a commissioned security officer as defined by
191	187		Section 1702.002, Occupations Code, regardless of whether the
192	188		officer complies with Section 552.024 or 552.1175, as applicable;
193	189		(6) an officer or employee of a community supervision
194	190		and corrections department established under Chapter 76 who
195	191		performs a duty described by Section 76.004(b), regardless of
196	192		whether the officer or employee complies with Section 552.024 or
197	193		552.1175;
198	194		(7) a current or former employee of the office of the
199	195		attorney general who is or was assigned to a division of that office
200	196		the duties of which involve law enforcement, regardless of whether
201	197		the current or former employee complies with Section 552.024 or
202	198		552.1175;
203	199		(8) a current or former employee of the Texas Juvenile
204	200		Justice Department or of the predecessors in function of the
205	201		department, regardless of whether the current or former employee
206	202		complies with Section 552.024 or 552.1175;
207	203		(9) a current or former juvenile probation or
208	204		supervision officer certified by the Texas Juvenile Justice
209	205		Department, or the predecessors in function of the department,
210	206		under Title 12, Human Resources Code, regardless of whether the
211	207		current or former officer complies with Section 552.024 or
212	208		552.1175;
213	209		(10) a current or former employee of a juvenile
214	210		justice program or facility, as those terms are defined by Section
215	211		261.405, Family Code, regardless of whether the current or former
216	212		employee complies with Section 552.024 or 552.1175;
217	213		(11) a current or former member of the Texas military
218	214		forces, as that term is defined by Section 437.001;
219	215		(12) a current or former district attorney, criminal
220	216		district attorney, or county or municipal attorney whose
221	217		jurisdiction includes any criminal law or child protective services
222	218		matters, regardless of whether the current or former attorney
223	219		complies with Section 552.024 or 552.1175; [or]
224	220		(13) a current or former employee of a district
225	221		attorney, criminal district attorney, or county or municipal
226	222		attorney whose jurisdiction includes any criminal law or child
227	223		protective services matters, regardless of whether the current or
228	224		former employee complies with Section 552.024 or 552.1175;
229	225		(14) [(12)] a current or former employee of the Texas
230	226		Civil Commitment Office or of the predecessor in function of the
231	227		office or a division of the office, regardless of whether the
232	228		current or former employee complies with Section 552.024 or
233	229		552.1175; or
234	230		(15) [(12)] a current or former federal judge or state
235	231		judge, as those terms are defined by Section 1.005 [13.0021(a)],
236	232		Election Code, or a spouse of a current or former federal judge or
237	233		state judge[; or
238	234		[(13) a current or former district attorney, criminal
239	235		district attorney, or county attorney whose jurisdiction includes
240	236		any criminal law or child protective services matter].
241	237		SECTION 8. Section 552.1175(a), Government Code, is amended
242	238		to read as follows:
243	239		(a) This section applies only to:
244	240		(1) peace officers as defined by Article 2.12, Code of
245	241		Criminal Procedure, or special investigators as described by
246	242		Article 2.122, Code of Criminal Procedure;
247	243		(2) county jailers as defined by Section 1701.001,
248	244		Occupations Code;
249	245		(3) current or former employees of the Texas
250	246		Department of Criminal Justice or of the predecessor in function of
251	247		the department or any division of the department;
252	248		(4) commissioned security officers as defined by
253	249		Section 1702.002, Occupations Code;
254	250		(5) a current or former district attorney, criminal
255	251		district attorney, or county or municipal attorney whose
256	252		jurisdiction includes any criminal law or child protective services
257	253		matters;
258	254		(5-a) a current or former employee of a district
259	255		attorney, criminal district attorney, or county or municipal
260	256		attorney whose jurisdiction includes any criminal law or child
261	257		protective services matters;
262	258		(6) officers and employees of a community supervision
263	259		and corrections department established under Chapter 76 who perform
264	260		a duty described by Section 76.004(b);
265	261		(7) criminal investigators of the United States as
266	262		described by Article 2.122(a), Code of Criminal Procedure;
267	263		(8) police officers and inspectors of the United
268	264		States Federal Protective Service;
269	265		(9) current and former employees of the office of the
270	266		attorney general who are or were assigned to a division of that
271	267		office the duties of which involve law enforcement;
272	268		(10) current or former juvenile probation and
273	269		detention officers certified by the Texas Juvenile Justice
274	270		Department, or the predecessors in function of the department,
275	271		under Title 12, Human Resources Code;
276	272		(11) current or former employees of a juvenile justice
277	273		program or facility, as those terms are defined by Section 261.405,
278	274		Family Code;
279	275		(12) current or former employees of the Texas Juvenile
280	276		Justice Department or the predecessors in function of the
281	277		department;
282	278		(13) federal judges and state judges as defined by
283	279		Section 1.005 [13.0021], Election Code; and
284	280		(14) current or former employees of the Texas Civil
285	281		Commitment Office or of the predecessor in function of the office or
286	282		a division of the office.
287	283		SECTION 9. The change in law made by this Act to Section
288	284		552.1175, Government Code, applies only to a request for
289	285		information that is received by a governmental body or an officer on
290	286		or after the effective date of this Act. A request for information
291	287		that was received before the effective date of this Act is governed
292	288		by the law in effect on the date the request was received, and the
293	289		former law is continued in effect for that purpose.
294	290		SECTION 10. Sections 13.0021(a) and 15.0215(a), Election
295	291		Code, are repealed.
296	292		SECTION 11. This Act takes effect September 1, 2019.
297		-	* * * * *