1 | 1 | | By: Hinojosa H.B. No. 3055 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to the confidentiality of certain home address |
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7 | 7 | | information. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 25.025(a), Tax Code, as amended by |
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10 | 10 | | Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B. |
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11 | 11 | | 1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular |
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12 | 12 | | Session, 2017, is reenacted and amended to read as follows: |
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13 | 13 | | (a) This section applies only to: |
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14 | 14 | | (1) a current or former peace officer as defined by |
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15 | 15 | | Article 2.12, Code of Criminal Procedure, and the spouse or |
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16 | 16 | | surviving spouse of the peace officer; |
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17 | 17 | | (2) the adult child of a current peace officer as |
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18 | 18 | | defined by Article 2.12, Code of Criminal Procedure; |
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19 | 19 | | (3) a county jailer as defined by Section 1701.001, |
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20 | 20 | | Occupations Code; |
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21 | 21 | | (4) an employee of the Texas Department of Criminal |
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22 | 22 | | Justice; |
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23 | 23 | | (5) a commissioned security officer as defined by |
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24 | 24 | | Section 1702.002, Occupations Code; |
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25 | 25 | | (6) an individual who shows that the individual, the |
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26 | 26 | | individual's child, or another person in the individual's household |
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27 | 27 | | is a victim of family violence as defined by Section 71.004, Family |
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28 | 28 | | Code, by providing: |
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29 | 29 | | (A) a copy of a protective order issued under |
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30 | 30 | | Chapter 85, Family Code, or a magistrate's order for emergency |
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31 | 31 | | protection issued under Article 17.292, Code of Criminal Procedure; |
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32 | 32 | | or |
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33 | 33 | | (B) other independent documentary evidence |
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34 | 34 | | necessary to show that the individual, the individual's child, or |
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35 | 35 | | another person in the individual's household is a victim of family |
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36 | 36 | | violence; |
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37 | 37 | | (7) [(6)] an individual who shows that the individual, |
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38 | 38 | | the individual's child, or another person in the individual's |
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39 | 39 | | household is a victim of sexual assault or abuse, stalking, or |
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40 | 40 | | trafficking of persons by providing: |
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41 | 41 | | (A) a copy of a protective order issued under |
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42 | 42 | | Chapter 7A or Article 6.09, Code of Criminal Procedure, or a |
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43 | 43 | | magistrate's order for emergency protection issued under Article |
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44 | 44 | | 17.292, Code of Criminal Procedure; or |
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45 | 45 | | (B) other independent documentary evidence |
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46 | 46 | | necessary to show that the individual, the individual's child, or |
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47 | 47 | | another person in the individual's household is a victim of sexual |
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48 | 48 | | assault or abuse, stalking, or trafficking of persons; |
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49 | 49 | | (8) [(7)] a participant in the address |
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50 | 50 | | confidentiality program administered by the attorney general under |
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51 | 51 | | Subchapter C, Chapter 56, Code of Criminal Procedure, who provides |
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52 | 52 | | proof of certification under Article 56.84, Code of Criminal |
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53 | 53 | | Procedure; |
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54 | 54 | | (9) [(8)] a federal judge, a state judge, or the |
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55 | 55 | | spouse of a federal judge or state judge; |
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56 | 56 | | (10) a current or former district attorney, criminal |
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57 | 57 | | district attorney, or county or municipal attorney whose |
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58 | 58 | | jurisdiction includes any criminal law or child protective services |
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59 | 59 | | matters; |
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60 | 60 | | (11) [(9)] a current or former employee of a district |
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61 | 61 | | attorney, criminal district attorney, or county or municipal |
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62 | 62 | | attorney whose jurisdiction includes any criminal law or child |
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63 | 63 | | protective services matters; |
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64 | 64 | | (12) [(10)] an officer or employee of a community |
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65 | 65 | | supervision and corrections department established under Chapter |
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66 | 66 | | 76, Government Code, who performs a duty described by Section |
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67 | 67 | | 76.004(b) of that code; |
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68 | 68 | | (13) [(11)] a criminal investigator of the United |
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69 | 69 | | States as described by Article 2.122(a), Code of Criminal |
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70 | 70 | | Procedure; |
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71 | 71 | | (14) [(12)] a police officer or inspector of the United |
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72 | 72 | | States Federal Protective Service; |
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73 | 73 | | (15) [(13)] a current or former United States attorney |
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74 | 74 | | or assistant United States attorney and the spouse and child of the |
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75 | 75 | | attorney; |
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76 | 76 | | (16) [(14)] a current or former employee of the office |
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77 | 77 | | of the attorney general who is or was assigned to a division of that |
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78 | 78 | | office the duties of which involve law enforcement; |
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79 | 79 | | (17) [(15)] a medical examiner or person who performs |
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80 | 80 | | forensic analysis or testing who is employed by this state or one or |
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81 | 81 | | more political subdivisions of this state; |
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82 | 82 | | (18) [(16)] a current or former member of the United |
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83 | 83 | | States armed forces who has served in an area that the president of |
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84 | 84 | | the United States by executive order designates for purposes of 26 |
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85 | 85 | | U.S.C. Section 112 as an area in which armed forces of the United |
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86 | 86 | | States are or have engaged in combat; |
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87 | 87 | | (19) [(17)] a current or former employee of the Texas |
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88 | 88 | | Juvenile Justice Department or of the predecessors in function of |
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89 | 89 | | the department; |
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90 | 90 | | (20) [(18)] a current or former juvenile probation or |
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91 | 91 | | supervision officer certified by the Texas Juvenile Justice |
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92 | 92 | | Department, or the predecessors in function of the department, |
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93 | 93 | | under Title 12, Human Resources Code; |
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94 | 94 | | (21) [(19)] a current or former employee of a juvenile |
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95 | 95 | | justice program or facility, as those terms are defined by Section |
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96 | 96 | | 261.405, Family Code; [and] |
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97 | 97 | | (22) [(18)] a current or former employee of the Texas |
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98 | 98 | | Civil Commitment Office or the predecessor in function of the |
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99 | 99 | | office or a division of the office; |
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100 | 100 | | (23) [(18)] a current or former employee of a federal |
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101 | 101 | | judge or state judge; and |
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102 | 102 | | (24) an employee of or volunteer or contractor for a |
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103 | 103 | | clinic or facility that provides abortion or family planning |
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104 | 104 | | services. |
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105 | 105 | | SECTION 2. Section 13.004(c), Election Code, is amended to |
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106 | 106 | | read as follows: |
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107 | 107 | | (c) The following information furnished on a registration |
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108 | 108 | | application is confidential and does not constitute public |
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109 | 109 | | information for purposes of Chapter 552, Government Code: |
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110 | 110 | | (1) a social security number; |
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111 | 111 | | (2) a Texas driver's license number; |
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112 | 112 | | (3) a number of a personal identification card issued |
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113 | 113 | | by the Department of Public Safety; |
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114 | 114 | | (4) an indication that an applicant is interested in |
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115 | 115 | | working as an election judge; [or] |
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116 | 116 | | (5) the residence address of the applicant, if the |
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117 | 117 | | applicant is a federal judge or state judge, as defined by Section |
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118 | 118 | | 13.0021, the spouse of a federal judge or state judge, or an |
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119 | 119 | | individual to whom Section 552.1175, Government Code, applies and |
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120 | 120 | | the applicant: |
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121 | 121 | | (A) included an affidavit with the registration |
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122 | 122 | | application describing the applicant's status under this |
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123 | 123 | | subdivision, including an affidavit under Section 13.0021 if the |
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124 | 124 | | applicant is a federal judge or state judge or the spouse of a |
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125 | 125 | | federal judge or state judge; |
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126 | 126 | | (B) provided the registrar with an affidavit |
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127 | 127 | | describing the applicant's status under this subdivision, |
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128 | 128 | | including an affidavit under Section 15.0215 if the applicant is a |
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129 | 129 | | federal judge or state judge or the spouse of a federal judge or |
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130 | 130 | | state judge; or |
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131 | 131 | | (C) provided the registrar with a completed form |
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132 | 132 | | approved by the secretary of state for the purpose of notifying the |
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133 | 133 | | registrar of the applicant's status under this subdivision; |
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134 | 134 | | (6) the residence address of the applicant, if the |
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135 | 135 | | applicant, the applicant's child, or another person in the |
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136 | 136 | | applicant's household is a victim of family violence as defined by |
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137 | 137 | | Section 71.004, Family Code, who provided the registrar with: |
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138 | 138 | | (A) a copy of a protective order issued under |
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139 | 139 | | Chapter 85, Family Code, or a magistrate's order for emergency |
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140 | 140 | | protection issued under Article 17.292, Code of Criminal Procedure; |
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141 | 141 | | or |
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142 | 142 | | (B) other independent documentary evidence |
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143 | 143 | | necessary to show that the applicant, the applicant's child, or |
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144 | 144 | | another person in the applicant's household is a victim of family |
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145 | 145 | | violence; |
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146 | 146 | | (7) the residence address of the applicant, if the |
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147 | 147 | | applicant, the applicant's child, or another person in the |
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148 | 148 | | applicant's household is a victim of sexual assault or abuse, |
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149 | 149 | | stalking, or trafficking of persons who provided the registrar |
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150 | 150 | | with: |
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151 | 151 | | (A) a copy of a protective order issued under |
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152 | 152 | | Chapter 7A or Article 6.09, Code of Criminal Procedure, or a |
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153 | 153 | | magistrate's order for emergency protection issued under Article |
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154 | 154 | | 17.292, Code of Criminal Procedure; or |
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155 | 155 | | (B) other independent documentary evidence |
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156 | 156 | | necessary to show that the applicant, the applicant's child, or |
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157 | 157 | | another person in the applicant's household is a victim of sexual |
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158 | 158 | | assault or abuse, stalking, or trafficking of persons; |
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159 | 159 | | (8) the residence address of the applicant, if the |
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160 | 160 | | applicant: |
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161 | 161 | | (A) is a participant in the address |
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162 | 162 | | confidentiality program administered by the attorney general under |
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163 | 163 | | Subchapter B, Chapter 58, Code of Criminal Procedure; and |
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164 | 164 | | (B) provided the registrar with proof of |
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165 | 165 | | certification under Article 58.059, Code of Criminal Procedure. |
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166 | 166 | | (9) the residence address of the applicant, if the |
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167 | 167 | | applicant is an employee of or volunteer or contractor for a clinic |
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168 | 168 | | or facility that provides abortion or family planning services. |
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169 | 169 | | SECTION 3. To the extent of any conflict, this Act prevails |
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170 | 170 | | over another Act of the 87th Legislature, Regular Session, 2021, |
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171 | 171 | | relating to nonsubstantive additions to and corrections in enacted |
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172 | 172 | | codes. |
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173 | 173 | | SECTION 4. This Act takes effect September 1, 2021. |
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