Texas 2021 - 87th Regular

Texas House Bill HB1082 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1082
	1	+	By: King of Parker, et al. H.B. No. 1082
	2	+	(Senate Sponsor - Zaffirini)
	3	+	(In the Senate - Received from the House April 8, 2021;
	4	+	April 12, 2021, read first time and referred to Committee on State
	5	+	Affairs; May 4, 2021, reported favorably by the following vote:
	6	+	Yeas 9, Nays 0; May 4, 2021, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the availability of personal information of an elected
6	13		public officer.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 552.117(a), Government Code, as
9	16		reenacted and amended by Chapters 367 (H.B. 1351), 633 (S.B. 1494),
10	17		1146 (H.B. 2910), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the
11	18		86th Legislature, Regular Session, 2019, is reenacted and amended
12	19		to read as follows:
13	20		(a) Information is excepted from the requirements of
14	21		Section 552.021 if it is information that relates to the home
15	22		address, home telephone number, emergency contact information, or
16	23		social security number of the following person or that reveals
17	24		whether the person has family members:
18	25		(1) a current or former official or employee of a
19	26		governmental body, except as otherwise provided by Section 552.024;
20	27		(2) a peace officer as defined by Article 2.12, Code of
21	28		Criminal Procedure, or a security officer commissioned under
22	29		Section 51.212, Education Code, regardless of whether the officer
23	30		complies with Section 552.024 or 552.1175, as applicable;
24	31		(3) a current or former employee of the Texas
25	32		Department of Criminal Justice or of the predecessor in function of
26	33		the department or any division of the department, regardless of
27	34		whether the current or former employee complies with Section
28	35		552.1175;
29	36		(4) a peace officer as defined by Article 2.12, Code of
30	37		Criminal Procedure, or other law, a reserve law enforcement
31	38		officer, a commissioned deputy game warden, or a corrections
32	39		officer in a municipal, county, or state penal institution in this
33	40		state who was killed in the line of duty, regardless of whether the
34	41		deceased complied with Section 552.024 or 552.1175;
35	42		(5) a commissioned security officer as defined by
36	43		Section 1702.002, Occupations Code, regardless of whether the
37	44		officer complies with Section 552.024 or 552.1175, as applicable;
38	45		(6) an officer or employee of a community supervision
39	46		and corrections department established under Chapter 76 who
40	47		performs a duty described by Section 76.004(b), regardless of
41	48		whether the officer or employee complies with Section 552.024 or
42	49		552.1175;
43	50		(7) a current or former employee of the office of the
44	51		attorney general who is or was assigned to a division of that office
45	52		the duties of which involve law enforcement, regardless of whether
46	53		the current or former employee complies with Section 552.024 or
47	54		552.1175;
48	55		(8) a current or former employee of the Texas Juvenile
49	56		Justice Department or of the predecessors in function of the
50	57		department, regardless of whether the current or former employee
51	58		complies with Section 552.024 or 552.1175;
52	59		(9) a current or former juvenile probation or
53	60		supervision officer certified by the Texas Juvenile Justice
54	61		Department, or the predecessors in function of the department,
55	62		under Title 12, Human Resources Code, regardless of whether the
56	63		current or former officer complies with Section 552.024 or
57	64		552.1175;
58	65		(10) a current or former employee of a juvenile
59	66		justice program or facility, as those terms are defined by Section
60	67		261.405, Family Code, regardless of whether the current or former
61	68		employee complies with Section 552.024 or 552.1175;
62	69		(11) a current or former member of the United States
63	70		Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
64	71		service of one of those branches of the armed forces, or the Texas
65	72		military forces, as that term is defined by Section 437.001;
66	73		(12) a current or former district attorney, criminal
67	74		district attorney, or county or municipal attorney whose
68	75		jurisdiction includes any criminal law or child protective services
69	76		matters, regardless of whether the current or former attorney
70	77		complies with Section 552.024 or 552.1175;
71	78		(13) a current or former employee of a district
72	79		attorney, criminal district attorney, or county or municipal
73	80		attorney whose jurisdiction includes any criminal law or child
74	81		protective services matters, regardless of whether the current or
75	82		former employee complies with Section 552.024 or 552.1175;
76	83		(14) a current or former employee of the Texas Civil
77	84		Commitment Office or of the predecessor in function of the office or
78	85		a division of the office, regardless of whether the current or
79	86		former employee complies with Section 552.024 or 552.1175; [or]
80	87		(15) a current or former federal judge or state judge,
81	88		as those terms are defined by Section 1.005, Election Code, or a
82	89		spouse of a current or former federal judge or state judge;
83	90		(16) a current or former child protective services
84	91		caseworker, adult protective services caseworker, or investigator
85	92		for the Department of Family and Protective Services, regardless of
86	93		whether the caseworker or investigator complies with Section
87	94		552.024 or 552.1175, or a current or former employee of a department
88	95		contractor performing child protective services caseworker, adult
89	96		protective services caseworker, or investigator functions for the
90	97		contractor on behalf of the department; [or]
91	98		(17) an elected public [(16) a state] officer [elected
92	99		statewide or a member of the legislature], regardless of whether
93	100		the officer [or member] complies with Section 552.024 or 552.1175;
94	101		(18) [(16)] a current or former United States attorney
95	102		or assistant United States attorney and the spouse or child of the
96	103		attorney; or
97	104		(19) [(16)] a firefighter or volunteer firefighter or
98	105		emergency medical services personnel as defined by Section 773.003,
99	106		Health and Safety Code, regardless of whether the firefighter or
100	107		volunteer firefighter or emergency medical services personnel
101	108		comply with Section 552.024 or 552.1175, as applicable.
102	109		SECTION 2. Section 552.1175(a), Government Code, as amended
103	110		by Chapters 367 (H.B. 1351), 633 (S.B. 1494), 1146 (H.B. 2910), 1213
104	111		(S.B. 662), and 1245 (H.B. 2446), Acts of the 86th Legislature,
105	112		Regular Session, 2019, is reenacted and amended to read as follows:
106	113		(a) This section applies only to:
107	114		(1) peace officers as defined by Article 2.12, Code of
108	115		Criminal Procedure, or special investigators as described by
109	116		Article 2.122, Code of Criminal Procedure;
110	117		(2) county jailers as defined by Section 1701.001,
111	118		Occupations Code;
112	119		(3) current or former employees of the Texas
113	120		Department of Criminal Justice or of the predecessor in function of
114	121		the department or any division of the department;
115	122		(4) commissioned security officers as defined by
116	123		Section 1702.002, Occupations Code;
117	124		(5) a current or former district attorney, criminal
118	125		district attorney, or county or municipal attorney whose
119	126		jurisdiction includes any criminal law or child protective services
120	127		matters;
121	128		(5-a) a current or former employee of a district
122	129		attorney, criminal district attorney, or county or municipal
123	130		attorney whose jurisdiction includes any criminal law or child
124	131		protective services matters;
125	132		(6) officers and employees of a community supervision
126	133		and corrections department established under Chapter 76 who perform
127	134		a duty described by Section 76.004(b);
128	135		(7) criminal investigators of the United States as
129	136		described by Article 2.122(a), Code of Criminal Procedure;
130	137		(8) police officers and inspectors of the United
131	138		States Federal Protective Service;
132	139		(9) current and former employees of the office of the
133	140		attorney general who are or were assigned to a division of that
134	141		office the duties of which involve law enforcement;
135	142		(10) current or former juvenile probation and
136	143		detention officers certified by the Texas Juvenile Justice
137	144		Department, or the predecessors in function of the department,
138	145		under Title 12, Human Resources Code;
139	146		(11) current or former employees of a juvenile justice
140	147		program or facility, as those terms are defined by Section 261.405,
141	148		Family Code;
142	149		(12) current or former employees of the Texas Juvenile
143	150		Justice Department or the predecessors in function of the
144	151		department;
145	152		(13) federal judges and state judges as defined by
146	153		Section 1.005, Election Code;
147	154		(14) current or former employees of the Texas Civil
148	155		Commitment Office or of the predecessor in function of the office or
149	156		a division of the office; [and]
150	157		(15) a current or former member of the United States
151	158		Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
152	159		service of one of those branches of the armed forces, or the Texas
153	160		military forces, as that term is defined by Section 437.001;
154	161		(16) [(15)] a current or former child protective
155	162		services caseworker, adult protective services caseworker, or
156	163		investigator for the Department of Family and Protective Services
157	164		or a current or former employee of a department contractor
158	165		performing child protective services caseworker, adult protective
159	166		services caseworker, or investigator functions for the contractor
160	167		on behalf of the department;
161	168		(17) an elected public officer; and
162	169		[(15) state officers elected statewide and members of
163	170		the legislature]
164	171		(18) [(15)] a firefighter or volunteer firefighter or
165	172		emergency medical services personnel as defined by Section 773.003,
166	173		Health and Safety Code.
167	174		SECTION 3. Section 25.025(a), Tax Code, as amended by
168	175		Chapters 467 (H.B. 4170), 469 (H.B. 4173), 633 (S.B. 1494), 1213
169	176		(S.B. 662), and 1245 (H.B. 2446), Acts of the 86th Legislature,
170	177		Regular Session, 2019, is reenacted and amended to read as follows:
171	178		(a) This section applies only to:
172	179		(1) a current or former peace officer as defined by
173	180		Article 2.12, Code of Criminal Procedure, and the spouse or
174	181		surviving spouse of the peace officer;
175	182		(2) the adult child of a current peace officer as
176	183		defined by Article 2.12, Code of Criminal Procedure;
177	184		(3) a county jailer as defined by Section 1701.001,
178	185		Occupations Code;
179	186		(4) an employee of the Texas Department of Criminal
180	187		Justice;
181	188		(5) a commissioned security officer as defined by
182	189		Section 1702.002, Occupations Code;
183	190		(6) an individual who shows that the individual, the
184	191		individual's child, or another person in the individual's household
185	192		is a victim of family violence as defined by Section 71.004, Family
186	193		Code, by providing:
187	194		(A) a copy of a protective order issued under
188	195		Chapter 85, Family Code, or a magistrate's order for emergency
189	196		protection issued under Article 17.292, Code of Criminal Procedure;
190	197		or
191	198		(B) other independent documentary evidence
192	199		necessary to show that the individual, the individual's child, or
193	200		another person in the individual's household is a victim of family
194	201		violence;
195	202		(7) an individual who shows that the individual, the
196	203		individual's child, or another person in the individual's household
197	204		is a victim of sexual assault or abuse, stalking, or trafficking of
198	205		persons by providing:
199	206		(A) a copy of a protective order issued under
200	207		Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
201	208		magistrate's order for emergency protection issued under Article
202	209		17.292, Code of Criminal Procedure; or
203	210		(B) other independent documentary evidence
204	211		necessary to show that the individual, the individual's child, or
205	212		another person in the individual's household is a victim of sexual
206	213		assault or abuse, stalking, or trafficking of persons;
207	214		(8) a participant in the address confidentiality
208	215		program administered by the attorney general under Subchapter B,
209	216		Chapter 58, Code of Criminal Procedure, who provides proof of
210	217		certification under Article 58.059, Code of Criminal Procedure;
211	218		(9) a federal judge, a state judge, or the spouse of a
212	219		federal judge or state judge;
213	220		(10) a current or former district attorney, criminal
214	221		district attorney, or county or municipal attorney whose
215	222		jurisdiction includes any criminal law or child protective services
216	223		matters;
217	224		(11) a current or former employee of a district
218	225		attorney, criminal district attorney, or county or municipal
219	226		attorney whose jurisdiction includes any criminal law or child
220	227		protective services matters;
221	228		(12) an officer or employee of a community supervision
222	229		and corrections department established under Chapter 76,
223	230		Government Code, who performs a duty described by Section 76.004(b)
224	231		of that code;
225	232		(13) a criminal investigator of the United States as
226	233		described by Article 2.122(a), Code of Criminal Procedure;
227	234		(14) a police officer or inspector of the United
228	235		States Federal Protective Service;
229	236		(15) a current or former United States attorney or
230	237		assistant United States attorney and the spouse and child of the
231	238		attorney;
232	239		(16) a current or former employee of the office of the
233	240		attorney general who is or was assigned to a division of that office
234	241		the duties of which involve law enforcement;
235	242		(17) a medical examiner or person who performs
236	243		forensic analysis or testing who is employed by this state or one or
237	244		more political subdivisions of this state;
238	245		(18) a current or former member of the United States
239	246		armed forces who has served in an area that the president of the
240	247		United States by executive order designates for purposes of 26
241	248		U.S.C. Section 112 as an area in which armed forces of the United
242	249		States are or have engaged in combat;
243	250		(19) a current or former employee of the Texas
244	251		Juvenile Justice Department or of the predecessors in function of
245	252		the department;
246	253		(20) a current or former juvenile probation or
247	254		supervision officer certified by the Texas Juvenile Justice
248	255		Department, or the predecessors in function of the department,
249	256		under Title 12, Human Resources Code;
250	257		(21) a current or former employee of a juvenile
251	258		justice program or facility, as those terms are defined by Section
252	259		261.405, Family Code;
253	260		(22) a current or former employee of the Texas Civil
254	261		Commitment Office or the predecessor in function of the office or a
255	262		division of the office; [and]
256	263		(23) a current or former employee of a federal judge or
257	264		state judge;
258	265		(24) a current or former child protective services
259	266		caseworker, adult protective services caseworker, or investigator
260	267		for the Department of Family and Protective Services or a current or
261	268		former employee of a department contractor performing child
262	269		protective services caseworker, adult protective services
263	270		caseworker, or investigator functions for the contractor on behalf
264	271		of the department; [and]
265	272		(25) an elected public [(24) a state] officer; and
266	273		[elected statewide or a member of the legislature]
267	274		(26) [(24)] a firefighter or volunteer firefighter or
268	275		emergency medical services personnel as defined by Section 773.003,
269	276		Health and Safety Code.
270	277		SECTION 4. The changes in law made by this Act to Sections
271	278		552.117 and 552.1175, Government Code, and Section 25.025, Tax
272	279		Code, apply only to a request for information that is received by a
273	280		governmental body or an officer on or after the effective date of
274	281		this Act. A request for information that was received before the
275	282		effective date of this Act is governed by the law in effect on the
276	283		date the request was received, and the former law is continued in
277	284		effect for that purpose.
278	285		SECTION 5. To the extent of any conflict, this Act prevails
279	286		over another Act of the 87th Legislature, Regular Session, 2021,
280	287		relating to nonsubstantive additions to and corrections in enacted
281	288		codes.
282	289		SECTION 6. This Act takes effect immediately if it receives
283	290		a vote of two-thirds of all the members elected to each house, as
284	291		provided by Section 39, Article III, Texas Constitution. If this
285	292		Act does not receive the vote necessary for immediate effect, this
286	293		Act takes effect September 1, 2021.
287		-	______________________________ ______________________________
288		-	President of the Senate Speaker of the House
289		-	I certify that H.B. No. 1082 was passed by the House on April
290		-	8, 2021, by the following vote: Yeas 142, Nays 6, 1 present, not
291		-	voting.
292		-	______________________________
293		-	Chief Clerk of the House
294		-	I certify that H.B. No. 1082 was passed by the Senate on May
295		-	6, 2021, by the following vote: Yeas 30, Nays 0.
296		-	______________________________
297		-	Secretary of the Senate
298		-	APPROVED: _____________________
299		-	Date
300		-	_____________________
301		-	Governor
	294	+	* * * * *