By: Moody H.B. No. 2386
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain information regarding
procedures and substances used in the execution of a convict.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.1081, Government Code, is amended to
read as follows:
Sec. 552.1081. EXCEPTION: CONFIDENTIALITY OF CERTAIN
INFORMATION REGARDING EXECUTION OF CONVICT. (a) Information is
excepted from the requirements of Section 552.021 if it contains
identifying information under Article 43.14, Code of Criminal
Procedure, including that of[:
(1)] any person who participates in an execution
procedure, including a person who uses[, supplies,] or administers
a substance during the execution.[; and
(2) any person or]
(b) This section does not except from the requirements of
Section 552.021 information identifying any entity that
manufactures, transports, tests, procures, compounds, prescribes,
dispenses, or provides a substance or supplies used in an
execution.
SECTION 2. Article 43.14, Code of Criminal Procedure, is
amended to read as follows:
Art. 43.14. EXECUTION OF CONVICT: CONFIDENTIAL
INFORMATION. (a) Whenever the sentence of death is pronounced
against a convict, the sentence shall be executed at any time after
the hour of 6 p.m. on the day set for the execution, by intravenous
injection of a substance or substances in a lethal quantity
sufficient to cause death and until such convict is dead, such
execution procedure to be determined and supervised by the director
of the correctional institutions division of the Texas Department
of Criminal Justice.
(b) The name, address, and other identifying information of
any person who participates in an execution procedure described by
Subsection (a), including a person who uses or administers a
substance during the execution, [the following] is confidential and
excepted from disclosure under Section 552.021, Government Code.[:
(1) any person who participates in an execution
procedure described by Subsection (a), including a person who uses,
supplies, or administers a substance during the execution; and
(2) any person or]
(c) The name, address, and other identifying information of
any entity that manufactures, transports, tests, procures,
compounds, prescribes, dispenses, or provides a substance or
supplies used in an execution is not confidential and not excepted
from disclosure under Section 552.021, Government Code.
SECTION 3. The change in law made by this Act applies to
information, records, and notations collected, made, assembled, or
maintained on, before, or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2021.