87R7994 BEF-D
By: Schaefer H.B. No. 1440
A BILL TO BE ENTITLED
AN ACT
relating to the availability of personal information of individuals
who are honorably retired from certain law enforcement positions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.003, Government Code, is amended by
adding Subdivision (1-b) to read as follows:
(1-b) "Honorably retired" means, with respect to a
position, an individual who:
(A) previously served but is not currently
serving in the position;
(B) did not retire in lieu of any disciplinary
action;
(C) was eligible to retire from the position or
was ineligible to retire only as a result of an injury received in
the course of the individual's employment in the position; and
(D) is eligible to receive a pension or annuity
for service in the position or is ineligible to receive a pension or
annuity only because the entity that employed the individual does
not offer a pension or annuity to its employees.
SECTION 2. Section 552.117(a), Government Code, as
reenacted and amended by Chapters 367 (H.B. 1351), 633 (S.B. 1494),
1146 (H.B. 2910), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the
86th Legislature, Regular Session, 2019, 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 current or honorably retired peace officer as
defined by Article 2.12, Code of Criminal Procedure, or a current or
honorably retired 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 United States
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
service of one of those branches of the armed forces, or 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;
(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) 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) a current or former federal judge or state judge,
as those terms are defined by Section 1.005, Election Code, or a
spouse of a current or former federal judge or state judge;
(16) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services, regardless of
whether the caseworker or investigator complies with Section
552.024 or 552.1175, or a current or former employee of a department
contractor performing child protective services caseworker, adult
protective services caseworker, or investigator functions for the
contractor on behalf of the department; [or]
(17) [(16)] a state officer elected statewide or a
member of the legislature, regardless of whether the officer or
member complies with Section 552.024 or 552.1175;
(18) [(16)] a current or former United States attorney
or assistant United States attorney and the spouse or child of the
attorney; or
(19) [(16)] a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code, regardless of whether the firefighter or
volunteer firefighter or emergency medical services personnel
comply with Section 552.024 or 552.1175, as applicable.
SECTION 3. Section 552.1175(a), Government Code, as amended
by Chapters 367 (H.B. 1351), 633 (S.B. 1494), 1146 (H.B. 2910), 1213
(S.B. 662), and 1245 (H.B. 2446), Acts of the 86th Legislature,
Regular Session, 2019, is reenacted and amended to read as follows:
(a) This section applies only to:
(1) current or honorably retired 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) current or honorably retired 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) current or honorably retired 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, Election Code;
(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; [and]
(15) a current or former member of the United States
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
service of one of those branches of the armed forces, or the Texas
military forces, as that term is defined by Section 437.001;
(16) [(15)] a current or former child protective
services caseworker, adult protective services caseworker, or
investigator for the Department of Family and Protective Services
or a current or former employee of a department contractor
performing child protective services caseworker, adult protective
services caseworker, or investigator functions for the contractor
on behalf of the department; [and]
(17) [(15)] state officers elected statewide and
members of the legislature; and
(18) [(15)] a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code.
SECTION 4. Section 25.025(a), Tax Code, as amended by
Chapters 467 (H.B. 4170), 469 (H.B. 4173), 633 (S.B. 1494), 1213
(S.B. 662), and 1245 (H.B. 2446), Acts of the 86th Legislature,
Regular Session, 2019, is reenacted and amended to read as follows:
(a) This section applies only to:
(1) a current or former peace officer as defined by
Article 2.12, Code of Criminal Procedure, and the spouse or
surviving spouse of the peace officer;
(2) the adult child of a current peace officer as
defined by Article 2.12, Code of Criminal Procedure;
(3) a current or honorably retired county jailer as
defined by Section 1701.001, Occupations Code;
(4) an employee of the Texas Department of Criminal
Justice;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code;
(6) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of family violence as defined by Section 71.004, Family
Code, by providing:
(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 individual, the individual's child, or
another person in the individual's household is a victim of family
violence;
(7) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of sexual assault or abuse, stalking, or trafficking of
persons by providing:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B, 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 individual, the individual's child, or
another person in the individual's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(8) a participant in the address confidentiality
program administered by the attorney general under Subchapter B,
Chapter 58, Code of Criminal Procedure, who provides proof of
certification under Article 58.059, Code of Criminal Procedure;
(9) a federal judge, a state judge, or the spouse of a
federal judge or state judge;
(10) 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;
(11) 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;
(12) an officer or employee of a community supervision
and corrections department established under Chapter 76,
Government Code, who performs a duty described by Section 76.004(b)
of that code;
(13) a criminal investigator of the United States as
described by Article 2.122(a), Code of Criminal Procedure;
(14) a current or honorably retired police officer or
inspector of the United States Federal Protective Service;
(15) a current or former United States attorney or
assistant United States attorney and the spouse and child of the
attorney;
(16) 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;
(17) a medical examiner or person who performs
forensic analysis or testing who is employed by this state or one or
more political subdivisions of this state;
(18) a current or former member of the United States
armed forces who has served in an area that the president of the
United States by executive order designates for purposes of 26
U.S.C. Section 112 as an area in which armed forces of the United
States are or have engaged in combat;
(19) a current or former employee of the Texas
Juvenile Justice Department or of the predecessors in function of
the department;
(20) 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;
(21) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code;
(22) a current or former employee of the Texas Civil
Commitment Office or the predecessor in function of the office or a
division of the office; [and]
(23) a current or former employee of a federal judge or
state judge;
(24) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services or a current or
former employee of a department contractor performing child
protective services caseworker, adult protective services
caseworker, or investigator functions for the contractor on behalf
of the department; [and]
(25) [(24)] a state officer elected statewide or a
member of the legislature; and
(26) [(24)] a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code.
SECTION 5. Section 25.025(a-1), Tax Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Honorably retired" means, with respect to a
position, an individual who:
(A) previously served but is not currently
serving in the position;
(B) did not retire in lieu of any disciplinary
action;
(C) was eligible to retire from the position or
was ineligible to retire only as a result of an injury received in
the course of the individual's employment in the position; and
(D) is eligible to receive a pension or annuity
for service in the position or is ineligible to receive a pension or
annuity only because the entity that employed the individual does
not offer a pension or annuity to its employees.
SECTION 6. The changes in law made by this Act to Sections
552.117 and 552.1175, Government Code, and Section 25.025, Tax
Code, apply 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 7. To the extent of any conflict, this Act prevails
over another Act of the 87th Legislature, Regular Session, 2021,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.