Texas 2021 - 87th Regular

Texas House Bill HB1440 Compare Versions

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

Old	New	Differences
1	1	87R7994 BEF-D
2	2	By: Schaefer H.B. No. 1440
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 individuals
8	8	who are honorably retired from certain law enforcement positions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 552.003, Government Code, is amended by
11	11	adding Subdivision (1-b) to read as follows:
12	12	(1-b) "Honorably retired" means, with respect to a
13	13	position, an individual who:
14	14	(A) previously served but is not currently
15	15	serving in the position;
16	16	(B) did not retire in lieu of any disciplinary
17	17	action;
18	18	(C) was eligible to retire from the position or
19	19	was ineligible to retire only as a result of an injury received in
20	20	the course of the individual's employment in the position; and
21	21	(D) is eligible to receive a pension or annuity
22	22	for service in the position or is ineligible to receive a pension or
23	23	annuity only because the entity that employed the individual does
24	24	not offer a pension or annuity to its employees.
25	25	SECTION 2. Section 552.117(a), Government Code, as
26	26	reenacted and amended by Chapters 367 (H.B. 1351), 633 (S.B. 1494),
27	27	1146 (H.B. 2910), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the
28	28	86th Legislature, Regular Session, 2019, is reenacted and amended
29	29	to read as follows:
30	30	(a) Information is excepted from the requirements of
31	31	Section 552.021 if it is information that relates to the home
32	32	address, home telephone number, emergency contact information, or
33	33	social security number of the following person or that reveals
34	34	whether the person has family members:
35	35	(1) a current or former official or employee of a
36	36	governmental body, except as otherwise provided by Section 552.024;
37	37	(2) a current or honorably retired peace officer as
38	38	defined by Article 2.12, Code of Criminal Procedure, or a current or
39	39	honorably retired security officer commissioned under Section
40	40	51.212, Education Code, regardless of whether the officer complies
41	41	with Section 552.024 or 552.1175, as applicable;
42	42	(3) a current or former employee of the Texas
43	43	Department of Criminal Justice or of the predecessor in function of
44	44	the department or any division of the department, regardless of
45	45	whether the current or former employee complies with Section
46	46	552.1175;
47	47	(4) a peace officer as defined by Article 2.12, Code of
48	48	Criminal Procedure, or other law, a reserve law enforcement
49	49	officer, a commissioned deputy game warden, or a corrections
50	50	officer in a municipal, county, or state penal institution in this
51	51	state who was killed in the line of duty, regardless of whether the
52	52	deceased complied with Section 552.024 or 552.1175;
53	53	(5) a commissioned security officer as defined by
54	54	Section 1702.002, Occupations Code, regardless of whether the
55	55	officer complies with Section 552.024 or 552.1175, as applicable;
56	56	(6) an officer or employee of a community supervision
57	57	and corrections department established under Chapter 76 who
58	58	performs a duty described by Section 76.004(b), regardless of
59	59	whether the officer or employee complies with Section 552.024 or
60	60	552.1175;
61	61	(7) a current or former employee of the office of the
62	62	attorney general who is or was assigned to a division of that office
63	63	the duties of which involve law enforcement, regardless of whether
64	64	the current or former employee complies with Section 552.024 or
65	65	552.1175;
66	66	(8) a current or former employee of the Texas Juvenile
67	67	Justice Department or of the predecessors in function of the
68	68	department, regardless of whether the current or former employee
69	69	complies with Section 552.024 or 552.1175;
70	70	(9) a current or former juvenile probation or
71	71	supervision officer certified by the Texas Juvenile Justice
72	72	Department, or the predecessors in function of the department,
73	73	under Title 12, Human Resources Code, regardless of whether the
74	74	current or former officer complies with Section 552.024 or
75	75	552.1175;
76	76	(10) a current or former employee of a juvenile
77	77	justice program or facility, as those terms are defined by Section
78	78	261.405, Family Code, regardless of whether the current or former
79	79	employee complies with Section 552.024 or 552.1175;
80	80	(11) a current or former member of the United States
81	81	Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
82	82	service of one of those branches of the armed forces, or the Texas
83	83	military forces, as that term is defined by Section 437.001;
84	84	(12) a current or former district attorney, criminal
85	85	district attorney, or county or municipal attorney whose
86	86	jurisdiction includes any criminal law or child protective services
87	87	matters, regardless of whether the current or former attorney
88	88	complies with Section 552.024 or 552.1175;
89	89	(13) a current or former employee of a district
90	90	attorney, criminal district attorney, or county or municipal
91	91	attorney whose jurisdiction includes any criminal law or child
92	92	protective services matters, regardless of whether the current or
93	93	former employee complies with Section 552.024 or 552.1175;
94	94	(14) a current or former employee of the Texas Civil
95	95	Commitment Office or of the predecessor in function of the office or
96	96	a division of the office, regardless of whether the current or
97	97	former employee complies with Section 552.024 or 552.1175; [or]
98	98	(15) a current or former federal judge or state judge,
99	99	as those terms are defined by Section 1.005, Election Code, or a
100	100	spouse of a current or former federal judge or state judge;
101	101	(16) a current or former child protective services
102	102	caseworker, adult protective services caseworker, or investigator
103	103	for the Department of Family and Protective Services, regardless of
104	104	whether the caseworker or investigator complies with Section
105	105	552.024 or 552.1175, or a current or former employee of a department
106	106	contractor performing child protective services caseworker, adult
107	107	protective services caseworker, or investigator functions for the
108	108	contractor on behalf of the department; [or]
109	109	(17) [(16)] a state officer elected statewide or a
110	110	member of the legislature, regardless of whether the officer or
111	111	member complies with Section 552.024 or 552.1175;
112	112	(18) [(16)] a current or former United States attorney
113	113	or assistant United States attorney and the spouse or child of the
114	114	attorney; or
115	115	(19) [(16)] a firefighter or volunteer firefighter or
116	116	emergency medical services personnel as defined by Section 773.003,
117	117	Health and Safety Code, regardless of whether the firefighter or
118	118	volunteer firefighter or emergency medical services personnel
119	119	comply with Section 552.024 or 552.1175, as applicable.
120	120	SECTION 3. Section 552.1175(a), Government Code, as amended
121	121	by Chapters 367 (H.B. 1351), 633 (S.B. 1494), 1146 (H.B. 2910), 1213
122	122	(S.B. 662), and 1245 (H.B. 2446), Acts of the 86th Legislature,
123	123	Regular Session, 2019, is reenacted and amended to read as follows:
124	124	(a) This section applies only to:
125	125	(1) current or honorably retired peace officers as
126	126	defined by Article 2.12, Code of Criminal Procedure, or special
127	127	investigators as described by Article 2.122, Code of Criminal
128	128	Procedure;
129	129	(2) current or honorably retired county jailers as
130	130	defined by Section 1701.001, Occupations Code;
131	131	(3) current or former employees of the Texas
132	132	Department of Criminal Justice or of the predecessor in function of
133	133	the department or any division of the department;
134	134	(4) commissioned security officers as defined by
135	135	Section 1702.002, Occupations Code;
136	136	(5) a current or former district attorney, criminal
137	137	district attorney, or county or municipal attorney whose
138	138	jurisdiction includes any criminal law or child protective services
139	139	matters;
140	140	(5-a) a current or former employee of a district
141	141	attorney, criminal district attorney, or county or municipal
142	142	attorney whose jurisdiction includes any criminal law or child
143	143	protective services matters;
144	144	(6) officers and employees of a community supervision
145	145	and corrections department established under Chapter 76 who perform
146	146	a duty described by Section 76.004(b);
147	147	(7) criminal investigators of the United States as
148	148	described by Article 2.122(a), Code of Criminal Procedure;
149	149	(8) current or honorably retired police officers and
150	150	inspectors of the United States Federal Protective Service;
151	151	(9) current and former employees of the office of the
152	152	attorney general who are or were assigned to a division of that
153	153	office the duties of which involve law enforcement;
154	154	(10) current or former juvenile probation and
155	155	detention officers certified by the Texas Juvenile Justice
156	156	Department, or the predecessors in function of the department,
157	157	under Title 12, Human Resources Code;
158	158	(11) current or former employees of a juvenile justice
159	159	program or facility, as those terms are defined by Section 261.405,
160	160	Family Code;
161	161	(12) current or former employees of the Texas Juvenile
162	162	Justice Department or the predecessors in function of the
163	163	department;
164	164	(13) federal judges and state judges as defined by
165	165	Section 1.005, Election Code;
166	166	(14) current or former employees of the Texas Civil
167	167	Commitment Office or of the predecessor in function of the office or
168	168	a division of the office; [and]
169	169	(15) a current or former member of the United States
170	170	Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
171	171	service of one of those branches of the armed forces, or the Texas
172	172	military forces, as that term is defined by Section 437.001;
173	173	(16) [(15)] a current or former child protective
174	174	services caseworker, adult protective services caseworker, or
175	175	investigator for the Department of Family and Protective Services
176	176	or a current or former employee of a department contractor
177	177	performing child protective services caseworker, adult protective
178	178	services caseworker, or investigator functions for the contractor
179	179	on behalf of the department; [and]
180	180	(17) [(15)] state officers elected statewide and
181	181	members of the legislature; and
182	182	(18) [(15)] a firefighter or volunteer firefighter or
183	183	emergency medical services personnel as defined by Section 773.003,
184	184	Health and Safety Code.
185	185	SECTION 4. Section 25.025(a), Tax Code, as amended by
186	186	Chapters 467 (H.B. 4170), 469 (H.B. 4173), 633 (S.B. 1494), 1213
187	187	(S.B. 662), and 1245 (H.B. 2446), Acts of the 86th Legislature,
188	188	Regular Session, 2019, is reenacted and amended to read as follows:
189	189	(a) This section applies only to:
190	190	(1) a current or former peace officer as defined by
191	191	Article 2.12, Code of Criminal Procedure, and the spouse or
192	192	surviving spouse of the peace officer;
193	193	(2) the adult child of a current peace officer as
194	194	defined by Article 2.12, Code of Criminal Procedure;
195	195	(3) a current or honorably retired county jailer as
196	196	defined by Section 1701.001, Occupations Code;
197	197	(4) an employee of the Texas Department of Criminal
198	198	Justice;
199	199	(5) a commissioned security officer as defined by
200	200	Section 1702.002, Occupations Code;
201	201	(6) an individual who shows that the individual, the
202	202	individual's child, or another person in the individual's household
203	203	is a victim of family violence as defined by Section 71.004, Family
204	204	Code, by providing:
205	205	(A) a copy of a protective order issued under
206	206	Chapter 85, Family Code, or a magistrate's order for emergency
207	207	protection issued under Article 17.292, Code of Criminal Procedure;
208	208	or
209	209	(B) other independent documentary evidence
210	210	necessary to show that the individual, the individual's child, or
211	211	another person in the individual's household is a victim of family
212	212	violence;
213	213	(7) an individual who shows that the individual, the
214	214	individual's child, or another person in the individual's household
215	215	is a victim of sexual assault or abuse, stalking, or trafficking of
216	216	persons by providing:
217	217	(A) a copy of a protective order issued under
218	218	Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
219	219	magistrate's order for emergency protection issued under Article
220	220	17.292, Code of Criminal Procedure; or
221	221	(B) other independent documentary evidence
222	222	necessary to show that the individual, the individual's child, or
223	223	another person in the individual's household is a victim of sexual
224	224	assault or abuse, stalking, or trafficking of persons;
225	225	(8) a participant in the address confidentiality
226	226	program administered by the attorney general under Subchapter B,
227	227	Chapter 58, Code of Criminal Procedure, who provides proof of
228	228	certification under Article 58.059, Code of Criminal Procedure;
229	229	(9) a federal judge, a state judge, or the spouse of a
230	230	federal judge or state judge;
231	231	(10) a current or former district attorney, criminal
232	232	district attorney, or county or municipal attorney whose
233	233	jurisdiction includes any criminal law or child protective services
234	234	matters;
235	235	(11) a current or former employee of a district
236	236	attorney, criminal district attorney, or county or municipal
237	237	attorney whose jurisdiction includes any criminal law or child
238	238	protective services matters;
239	239	(12) an officer or employee of a community supervision
240	240	and corrections department established under Chapter 76,
241	241	Government Code, who performs a duty described by Section 76.004(b)
242	242	of that code;
243	243	(13) a criminal investigator of the United States as
244	244	described by Article 2.122(a), Code of Criminal Procedure;
245	245	(14) a current or honorably retired police officer or
246	246	inspector of the United States Federal Protective Service;
247	247	(15) a current or former United States attorney or
248	248	assistant United States attorney and the spouse and child of the
249	249	attorney;
250	250	(16) a current or former employee of the office of the
251	251	attorney general who is or was assigned to a division of that office
252	252	the duties of which involve law enforcement;
253	253	(17) a medical examiner or person who performs
254	254	forensic analysis or testing who is employed by this state or one or
255	255	more political subdivisions of this state;
256	256	(18) a current or former member of the United States
257	257	armed forces who has served in an area that the president of the
258	258	United States by executive order designates for purposes of 26
259	259	U.S.C. Section 112 as an area in which armed forces of the United
260	260	States are or have engaged in combat;
261	261	(19) a current or former employee of the Texas
262	262	Juvenile Justice Department or of the predecessors in function of
263	263	the department;
264	264	(20) a current or former juvenile probation or
265	265	supervision officer certified by the Texas Juvenile Justice
266	266	Department, or the predecessors in function of the department,
267	267	under Title 12, Human Resources Code;
268	268	(21) a current or former employee of a juvenile
269	269	justice program or facility, as those terms are defined by Section
270	270	261.405, Family Code;
271	271	(22) a current or former employee of the Texas Civil
272	272	Commitment Office or the predecessor in function of the office or a
273	273	division of the office; [and]
274	274	(23) a current or former employee of a federal judge or
275	275	state judge;
276	276	(24) a current or former child protective services
277	277	caseworker, adult protective services caseworker, or investigator
278	278	for the Department of Family and Protective Services or a current or
279	279	former employee of a department contractor performing child
280	280	protective services caseworker, adult protective services
281	281	caseworker, or investigator functions for the contractor on behalf
282	282	of the department; [and]
283	283	(25) [(24)] a state officer elected statewide or a
284	284	member of the legislature; and
285	285	(26) [(24)] a firefighter or volunteer firefighter or
286	286	emergency medical services personnel as defined by Section 773.003,
287	287	Health and Safety Code.
288	288	SECTION 5. Section 25.025(a-1), Tax Code, is amended by
289	289	adding Subdivision (1-a) to read as follows:
290	290	(1-a) "Honorably retired" means, with respect to a
291	291	position, an individual who:
292	292	(A) previously served but is not currently
293	293	serving in the position;
294	294	(B) did not retire in lieu of any disciplinary
295	295	action;
296	296	(C) was eligible to retire from the position or
297	297	was ineligible to retire only as a result of an injury received in
298	298	the course of the individual's employment in the position; and
299	299	(D) is eligible to receive a pension or annuity
300	300	for service in the position or is ineligible to receive a pension or
301	301	annuity only because the entity that employed the individual does
302	302	not offer a pension or annuity to its employees.
303	303	SECTION 6. The changes in law made by this Act to Sections
304	304	552.117 and 552.1175, Government Code, and Section 25.025, Tax
305	305	Code, apply only to a request for information that is received by a
306	306	governmental body or an officer on or after the effective date of
307	307	this Act. A request for information that was received before the
308	308	effective date of this Act is governed by the law in effect on the
309	309	date the request was received, and the former law is continued in
310	310	effect for that purpose.
311	311	SECTION 7. To the extent of any conflict, this Act prevails
312	312	over another Act of the 87th Legislature, Regular Session, 2021,
313	313	relating to nonsubstantive additions to and corrections in enacted
314	314	codes.
315	315	SECTION 8. This Act takes effect immediately if it receives
316	316	a vote of two-thirds of all the members elected to each house, as
317	317	provided by Section 39, Article III, Texas Constitution. If this
318	318	Act does not receive the vote necessary for immediate effect, this
319	319	Act takes effect September 1, 2021.