| 1 | 1 | | 87R11609 TJB-F |
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| 2 | 2 | | By: Howard H.B. No. 4340 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a special right of access to certain public information |
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| 8 | 8 | | by an individual who is a victim of a crime. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 552, Government Code, is |
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| 11 | 11 | | amended by adding Section 552.0235 to read as follows: |
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| 12 | 12 | | Sec. 552.0235. SPECIAL RIGHT OF ACCESS BY CRIME VICTIM. (a) |
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| 13 | 13 | | Notwithstanding any other law, and except as provided by Subsection |
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| 14 | 14 | | (b), an individual who is a victim of a crime has a special right of |
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| 15 | 15 | | access, beyond the right of the public, to information held by a |
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| 16 | 16 | | governmental body related to the detection, investigation, and |
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| 17 | 17 | | prosecution of that crime, including information that is |
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| 18 | 18 | | confidential under law. A governmental body on request by the |
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| 19 | 19 | | individual shall provide the information to the individual for |
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| 20 | 20 | | inspection or duplication in accordance with this chapter. |
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| 21 | 21 | | (b) A governmental body shall redact from any information |
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| 22 | 22 | | provided under this section information that would identify the |
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| 23 | 23 | | alleged or actual perpetrator of the crime, including the |
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| 24 | 24 | | perpetrator's name, address, and social security number. |
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| 25 | 25 | | (c) A governmental body, by providing information under |
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| 26 | 26 | | this section that is confidential or otherwise excepted from |
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| 27 | 27 | | required disclosure under law, does not waive or affect the |
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| 28 | 28 | | confidentiality of the information for purposes of state or federal |
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| 29 | 29 | | law or waive the right to assert exceptions to required disclosure |
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| 30 | 30 | | of the information in the future. |
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| 31 | 31 | | (d) This section does not affect: |
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| 32 | 32 | | (1) the right of an individual who is the victim of a |
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| 33 | 33 | | crime to obtain information from a governmental body under other |
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| 34 | 34 | | law; |
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| 35 | 35 | | (2) the procedures under which the information is |
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| 36 | 36 | | obtained under other law; or |
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| 37 | 37 | | (3) the use that may be made of the information |
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| 38 | 38 | | obtained under other law. |
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| 39 | 39 | | (e) A release of information under Subsection (a) is not an |
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| 40 | 40 | | offense under Section 552.352. |
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| 41 | 41 | | SECTION 2. The changes in law made by this Act apply only to |
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| 42 | 42 | | a request for public information received by a governmental body or |
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| 43 | 43 | | officer for public information on or after the effective date of |
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| 44 | 44 | | this Act. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2021. |
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