BILL ANALYSIS H.B. 2618 By: Hernandez Homeland Security & Public Safety Committee Report (Unamended) BACKGROUND AND PURPOSE It has been observed that some individuals abuse state public information law to obtain the personal information of individuals who receive a traffic citation with the intention of engaging in conduct constituting barratry and identity theft. H.B. 2618 seeks to combat this exploitative practice by exempting certain personal information contained in a traffic citation from the public-availability requirement of state public information law. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 2618 amends the Government Code to except information contained in a citation issued for a violation of a state traffic law or local traffic ordinance from the public-availability requirement of state public information law if the information is the home address or personal telephone number of the person who is the subject of a citation. The bill requires such information to be made available on the request of an FCC-licensed radio or television station or a qualifying newspaper as described by the bill. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2021.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 2618
By: Hernandez
Homeland Security & Public Safety
Committee Report (Unamended)
H.B. 2618
By: Hernandez
Homeland Security & Public Safety
Committee Report (Unamended)
BACKGROUND AND PURPOSE It has been observed that some individuals abuse state public information law to obtain the personal information of individuals who receive a traffic citation with the intention of engaging in conduct constituting barratry and identity theft. H.B. 2618 seeks to combat this exploitative practice by exempting certain personal information contained in a traffic citation from the public-availability requirement of state public information law.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 2618 amends the Government Code to except information contained in a citation issued for a violation of a state traffic law or local traffic ordinance from the public-availability requirement of state public information law if the information is the home address or personal telephone number of the person who is the subject of a citation. The bill requires such information to be made available on the request of an FCC-licensed radio or television station or a qualifying newspaper as described by the bill.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2021.
BACKGROUND AND PURPOSE
It has been observed that some individuals abuse state public information law to obtain the personal information of individuals who receive a traffic citation with the intention of engaging in conduct constituting barratry and identity theft. H.B. 2618 seeks to combat this exploitative practice by exempting certain personal information contained in a traffic citation from the public-availability requirement of state public information law.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2618 amends the Government Code to except information contained in a citation issued for a violation of a state traffic law or local traffic ordinance from the public-availability requirement of state public information law if the information is the home address or personal telephone number of the person who is the subject of a citation. The bill requires such information to be made available on the request of an FCC-licensed radio or television station or a qualifying newspaper as described by the bill.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2021.