| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the availability of personal information of a current |
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| 6 | 8 | | or former federal prosecutor or public defender. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Section 552.117(a), Government Code, as |
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| 9 | 11 | | reenacted and amended by Chapters 367 (H.B. 1351), 633 (S.B. 1494), |
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| 10 | 12 | | 1146 (H.B. 2910), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the |
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| 11 | 13 | | 86th Legislature, Regular Session, 2019, is reenacted and amended |
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| 12 | 14 | | to read as follows: |
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| 13 | 15 | | (a) Information is excepted from the requirements of |
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| 14 | 16 | | Section 552.021 if it is information that relates to the home |
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| 15 | 17 | | address, home telephone number, emergency contact information, or |
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| 16 | 18 | | social security number of the following person or that reveals |
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| 17 | 19 | | whether the person has family members: |
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| 18 | 20 | | (1) a current or former official or employee of a |
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| 19 | 21 | | governmental body, except as otherwise provided by Section 552.024; |
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| 20 | 22 | | (2) a peace officer as defined by Article 2.12, Code of |
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| 21 | 23 | | Criminal Procedure, or a security officer commissioned under |
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| 22 | 24 | | Section 51.212, Education Code, regardless of whether the officer |
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| 23 | 25 | | complies with Section 552.024 or 552.1175, as applicable; |
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| 24 | 26 | | (3) a current or former employee of the Texas |
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| 25 | 27 | | Department of Criminal Justice or of the predecessor in function of |
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| 26 | 28 | | the department or any division of the department, regardless of |
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| 27 | 29 | | whether the current or former employee complies with Section |
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| 28 | 30 | | 552.1175; |
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| 29 | 31 | | (4) a peace officer as defined by Article 2.12, Code of |
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| 30 | 32 | | Criminal Procedure, or other law, a reserve law enforcement |
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| 31 | 33 | | officer, a commissioned deputy game warden, or a corrections |
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| 32 | 34 | | officer in a municipal, county, or state penal institution in this |
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| 33 | 35 | | state who was killed in the line of duty, regardless of whether the |
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| 34 | 36 | | deceased complied with Section 552.024 or 552.1175; |
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| 35 | 37 | | (5) a commissioned security officer as defined by |
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| 36 | 38 | | Section 1702.002, Occupations Code, regardless of whether the |
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| 37 | 39 | | officer complies with Section 552.024 or 552.1175, as applicable; |
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| 38 | 40 | | (6) an officer or employee of a community supervision |
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| 39 | 41 | | and corrections department established under Chapter 76 who |
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| 40 | 42 | | performs a duty described by Section 76.004(b), regardless of |
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| 41 | 43 | | whether the officer or employee complies with Section 552.024 or |
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| 42 | 44 | | 552.1175; |
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| 43 | 45 | | (7) a current or former employee of the office of the |
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| 44 | 46 | | attorney general who is or was assigned to a division of that office |
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| 45 | 47 | | the duties of which involve law enforcement, regardless of whether |
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| 46 | 48 | | the current or former employee complies with Section 552.024 or |
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| 47 | 49 | | 552.1175; |
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| 48 | 50 | | (8) a current or former employee of the Texas Juvenile |
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| 49 | 51 | | Justice Department or of the predecessors in function of the |
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| 50 | 52 | | department, regardless of whether the current or former employee |
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| 51 | 53 | | complies with Section 552.024 or 552.1175; |
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| 52 | 54 | | (9) a current or former juvenile probation or |
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| 53 | 55 | | supervision officer certified by the Texas Juvenile Justice |
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| 54 | 56 | | Department, or the predecessors in function of the department, |
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| 55 | 57 | | under Title 12, Human Resources Code, regardless of whether the |
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| 56 | 58 | | current or former officer complies with Section 552.024 or |
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| 57 | 59 | | 552.1175; |
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| 58 | 60 | | (10) a current or former employee of a juvenile |
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| 59 | 61 | | justice program or facility, as those terms are defined by Section |
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| 60 | 62 | | 261.405, Family Code, regardless of whether the current or former |
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| 61 | 63 | | employee complies with Section 552.024 or 552.1175; |
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| 62 | 64 | | (11) a current or former member of the United States |
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| 63 | 65 | | Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary |
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| 64 | 66 | | service of one of those branches of the armed forces, or the Texas |
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| 65 | 67 | | military forces, as that term is defined by Section 437.001; |
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| 66 | 68 | | (12) a current or former district attorney, criminal |
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| 67 | 69 | | district attorney, or county or municipal attorney whose |
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| 68 | 70 | | jurisdiction includes any criminal law or child protective services |
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| 69 | 71 | | matters, regardless of whether the current or former attorney |
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| 70 | 72 | | complies with Section 552.024 or 552.1175; |
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| 71 | 73 | | (13) a current or former employee of a district |
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| 72 | 74 | | attorney, criminal district attorney, or county or municipal |
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| 73 | 75 | | attorney whose jurisdiction includes any criminal law or child |
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| 74 | 76 | | protective services matters, regardless of whether the current or |
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| 75 | 77 | | former employee complies with Section 552.024 or 552.1175; |
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| 76 | 78 | | (14) a current or former employee of the Texas Civil |
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| 77 | 79 | | Commitment Office or of the predecessor in function of the office or |
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| 78 | 80 | | a division of the office, regardless of whether the current or |
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| 79 | 81 | | former employee complies with Section 552.024 or 552.1175; [or] |
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| 80 | 82 | | (15) a current or former federal judge or state judge, |
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| 81 | 83 | | as those terms are defined by Section 1.005, Election Code, or a |
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| 82 | 84 | | spouse of a current or former federal judge or state judge; |
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| 83 | 85 | | (16) a current or former child protective services |
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| 84 | 86 | | caseworker, adult protective services caseworker, or investigator |
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| 85 | 87 | | for the Department of Family and Protective Services, regardless of |
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| 86 | 88 | | whether the caseworker or investigator complies with Section |
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| 87 | 89 | | 552.024 or 552.1175, or a current or former employee of a department |
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| 88 | 90 | | contractor performing child protective services caseworker, adult |
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| 89 | 91 | | protective services caseworker, or investigator functions for the |
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| 90 | 92 | | contractor on behalf of the department; [or] |
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| 91 | 93 | | (17) [(16)] a state officer elected statewide or a |
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| 92 | 94 | | member of the legislature, regardless of whether the officer or |
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| 93 | 95 | | member complies with Section 552.024 or 552.1175; |
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| 94 | 96 | | (18) [(16)] a current or former United States |
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| 95 | 97 | | attorney, [or] assistant United States attorney, federal public |
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| 96 | 98 | | defender, deputy federal public defender, or assistant federal |
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| 97 | 99 | | public defender and the spouse or child of the current or former |
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| 98 | 100 | | attorney or public defender, regardless of whether the person |
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| 99 | 101 | | complies with Section 552.024 or 552.1175; or |
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| 100 | 102 | | (19) [(16)] a firefighter or volunteer firefighter or |
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| 101 | 103 | | emergency medical services personnel as defined by Section 773.003, |
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| 102 | 104 | | Health and Safety Code, regardless of whether the firefighter or |
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| 103 | 105 | | volunteer firefighter or emergency medical services personnel |
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| 104 | 106 | | comply with Section 552.024 or 552.1175, as applicable. |
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| 105 | 107 | | SECTION 2. Section 552.1175(a), Government Code, as amended |
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| 106 | 108 | | by Chapters 367 (H.B. 1351), 633 (S.B. 1494), 1146 (H.B. 2910), 1213 |
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| 107 | 109 | | (S.B. 662), and 1245 (H.B. 2446), Acts of the 86th Legislature, |
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| 108 | 110 | | Regular Session, 2019, is reenacted and amended to read as follows: |
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| 109 | 111 | | (a) This section applies only to: |
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| 110 | 112 | | (1) peace officers as defined by Article 2.12, Code of |
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| 111 | 113 | | Criminal Procedure, or special investigators as described by |
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| 112 | 114 | | Article 2.122, Code of Criminal Procedure; |
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| 113 | 115 | | (2) county jailers as defined by Section 1701.001, |
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| 114 | 116 | | Occupations Code; |
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| 115 | 117 | | (3) current or former employees of the Texas |
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| 116 | 118 | | Department of Criminal Justice or of the predecessor in function of |
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| 117 | 119 | | the department or any division of the department; |
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| 118 | 120 | | (4) commissioned security officers as defined by |
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| 119 | 121 | | Section 1702.002, Occupations Code; |
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| 120 | 122 | | (5) a current or former district attorney, criminal |
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| 121 | 123 | | district attorney, or county or municipal attorney whose |
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| 122 | 124 | | jurisdiction includes any criminal law or child protective services |
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| 123 | 125 | | matters; |
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| 124 | 126 | | (5-a) a current or former employee of a district |
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| 125 | 127 | | attorney, criminal district attorney, or county or municipal |
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| 126 | 128 | | attorney whose jurisdiction includes any criminal law or child |
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| 127 | 129 | | protective services matters; |
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| 128 | 130 | | (6) officers and employees of a community supervision |
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| 129 | 131 | | and corrections department established under Chapter 76 who perform |
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| 130 | 132 | | a duty described by Section 76.004(b); |
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| 131 | 133 | | (7) criminal investigators of the United States as |
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| 132 | 134 | | described by Article 2.122(a), Code of Criminal Procedure; |
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| 133 | 135 | | (8) police officers and inspectors of the United |
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| 134 | 136 | | States Federal Protective Service; |
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| 135 | 137 | | (9) current and former employees of the office of the |
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| 136 | 138 | | attorney general who are or were assigned to a division of that |
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| 137 | 139 | | office the duties of which involve law enforcement; |
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| 138 | 140 | | (10) current or former juvenile probation and |
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| 139 | 141 | | detention officers certified by the Texas Juvenile Justice |
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| 140 | 142 | | Department, or the predecessors in function of the department, |
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| 141 | 143 | | under Title 12, Human Resources Code; |
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| 142 | 144 | | (11) current or former employees of a juvenile justice |
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| 143 | 145 | | program or facility, as those terms are defined by Section 261.405, |
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| 144 | 146 | | Family Code; |
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| 145 | 147 | | (12) current or former employees of the Texas Juvenile |
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| 146 | 148 | | Justice Department or the predecessors in function of the |
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| 147 | 149 | | department; |
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| 148 | 150 | | (13) federal judges and state judges as defined by |
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| 149 | 151 | | Section 1.005, Election Code; |
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| 150 | 152 | | (14) current or former employees of the Texas Civil |
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| 151 | 153 | | Commitment Office or of the predecessor in function of the office or |
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| 152 | 154 | | a division of the office; [and] |
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| 153 | 155 | | (15) a current or former member of the United States |
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| 154 | 156 | | Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary |
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| 155 | 157 | | service of one of those branches of the armed forces, or the Texas |
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| 156 | 158 | | military forces, as that term is defined by Section 437.001; |
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| 157 | 159 | | (16) [(15)] a current or former child protective |
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| 158 | 160 | | services caseworker, adult protective services caseworker, or |
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| 159 | 161 | | investigator for the Department of Family and Protective Services |
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| 160 | 162 | | or a current or former employee of a department contractor |
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| 161 | 163 | | performing child protective services caseworker, adult protective |
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| 162 | 164 | | services caseworker, or investigator functions for the contractor |
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| 163 | 165 | | on behalf of the department; [and] |
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| 164 | 166 | | (17) [(15)] state officers elected statewide and |
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| 165 | 167 | | members of the legislature; |
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| 166 | 168 | | (18) [(15)] a firefighter or volunteer firefighter or |
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| 167 | 169 | | emergency medical services personnel as defined by Section 773.003, |
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| 168 | 170 | | Health and Safety Code; and |
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| 169 | 171 | | (19) a current or former United States attorney, |
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| 170 | 172 | | assistant United States attorney, federal public defender, deputy |
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| 171 | 173 | | federal public defender, or assistant federal public defender. |
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| 172 | 174 | | SECTION 3. Section 25.025(a), Tax Code, as amended by |
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| 173 | 175 | | Chapters 467 (H.B. 4170), 469 (H.B. 4173), 633 (S.B. 1494), 1213 |
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| 174 | 176 | | (S.B. 662), and 1245 (H.B. 2446), Acts of the 86th Legislature, |
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| 175 | 177 | | Regular Session, 2019, is reenacted and amended to read as follows: |
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| 176 | 178 | | (a) This section applies only to: |
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| 177 | 179 | | (1) a current or former peace officer as defined by |
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| 178 | 180 | | Article 2.12, Code of Criminal Procedure, and the spouse or |
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| 179 | 181 | | surviving spouse of the peace officer; |
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| 180 | 182 | | (2) the adult child of a current peace officer as |
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| 181 | 183 | | defined by Article 2.12, Code of Criminal Procedure; |
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| 182 | 184 | | (3) a county jailer as defined by Section 1701.001, |
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| 183 | 185 | | Occupations Code; |
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| 184 | 186 | | (4) an employee of the Texas Department of Criminal |
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| 185 | 187 | | Justice; |
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| 186 | 188 | | (5) a commissioned security officer as defined by |
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| 187 | 189 | | Section 1702.002, Occupations Code; |
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| 188 | 190 | | (6) an individual who shows that the individual, the |
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| 189 | 191 | | individual's child, or another person in the individual's household |
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| 190 | 192 | | is a victim of family violence as defined by Section 71.004, Family |
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| 191 | 193 | | Code, by providing: |
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| 192 | 194 | | (A) a copy of a protective order issued under |
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| 193 | 195 | | Chapter 85, Family Code, or a magistrate's order for emergency |
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| 194 | 196 | | protection issued under Article 17.292, Code of Criminal Procedure; |
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| 195 | 197 | | or |
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| 196 | 198 | | (B) other independent documentary evidence |
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| 197 | 199 | | necessary to show that the individual, the individual's child, or |
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| 198 | 200 | | another person in the individual's household is a victim of family |
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| 199 | 201 | | violence; |
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| 200 | 202 | | (7) an individual who shows that the individual, the |
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| 201 | 203 | | individual's child, or another person in the individual's household |
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| 202 | 204 | | is a victim of sexual assault or abuse, stalking, or trafficking of |
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| 203 | 205 | | persons by providing: |
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| 204 | 206 | | (A) a copy of a protective order issued under |
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| 205 | 207 | | Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a |
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| 206 | 208 | | magistrate's order for emergency protection issued under Article |
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| 207 | 209 | | 17.292, Code of Criminal Procedure; or |
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| 208 | 210 | | (B) other independent documentary evidence |
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| 209 | 211 | | necessary to show that the individual, the individual's child, or |
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| 210 | 212 | | another person in the individual's household is a victim of sexual |
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| 211 | 213 | | assault or abuse, stalking, or trafficking of persons; |
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| 212 | 214 | | (8) a participant in the address confidentiality |
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| 213 | 215 | | program administered by the attorney general under Subchapter B, |
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| 214 | 216 | | Chapter 58, Code of Criminal Procedure, who provides proof of |
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| 215 | 217 | | certification under Article 58.059, Code of Criminal Procedure; |
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| 216 | 218 | | (9) a federal judge, a state judge, or the spouse of a |
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| 217 | 219 | | federal judge or state judge; |
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| 218 | 220 | | (10) a current or former district attorney, criminal |
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| 219 | 221 | | district attorney, or county or municipal attorney whose |
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| 220 | 222 | | jurisdiction includes any criminal law or child protective services |
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| 221 | 223 | | matters; |
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| 222 | 224 | | (11) a current or former employee of a district |
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| 223 | 225 | | attorney, criminal district attorney, or county or municipal |
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| 224 | 226 | | attorney whose jurisdiction includes any criminal law or child |
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| 225 | 227 | | protective services matters; |
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| 226 | 228 | | (12) an officer or employee of a community supervision |
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| 227 | 229 | | and corrections department established under Chapter 76, |
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| 228 | 230 | | Government Code, who performs a duty described by Section 76.004(b) |
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| 229 | 231 | | of that code; |
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| 230 | 232 | | (13) a criminal investigator of the United States as |
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| 231 | 233 | | described by Article 2.122(a), Code of Criminal Procedure; |
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| 232 | 234 | | (14) a police officer or inspector of the United |
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| 233 | 235 | | States Federal Protective Service; |
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| 234 | 236 | | (15) a current or former United States attorney, [or] |
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| 235 | 237 | | assistant United States attorney, federal public defender, deputy |
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| 236 | 238 | | federal public defender, or assistant federal public defender and |
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| 237 | 239 | | the spouse and child of the attorney or public defender; |
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| 238 | 240 | | (16) a current or former employee of the office of the |
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| 239 | 241 | | attorney general who is or was assigned to a division of that office |
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| 240 | 242 | | the duties of which involve law enforcement; |
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| 241 | 243 | | (17) a medical examiner or person who performs |
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| 242 | 244 | | forensic analysis or testing who is employed by this state or one or |
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| 243 | 245 | | more political subdivisions of this state; |
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| 244 | 246 | | (18) a current or former member of the United States |
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| 245 | 247 | | armed forces who has served in an area that the president of the |
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| 246 | 248 | | United States by executive order designates for purposes of 26 |
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| 247 | 249 | | U.S.C. Section 112 as an area in which armed forces of the United |
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| 248 | 250 | | States are or have engaged in combat; |
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| 249 | 251 | | (19) a current or former employee of the Texas |
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| 250 | 252 | | Juvenile Justice Department or of the predecessors in function of |
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| 251 | 253 | | the department; |
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| 252 | 254 | | (20) a current or former juvenile probation or |
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| 253 | 255 | | supervision officer certified by the Texas Juvenile Justice |
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| 254 | 256 | | Department, or the predecessors in function of the department, |
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| 255 | 257 | | under Title 12, Human Resources Code; |
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| 256 | 258 | | (21) a current or former employee of a juvenile |
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| 257 | 259 | | justice program or facility, as those terms are defined by Section |
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| 258 | 260 | | 261.405, Family Code; |
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| 259 | 261 | | (22) a current or former employee of the Texas Civil |
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| 260 | 262 | | Commitment Office or the predecessor in function of the office or a |
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| 261 | 263 | | division of the office; [and] |
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| 262 | 264 | | (23) a current or former employee of a federal judge or |
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| 263 | 265 | | state judge; |
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| 264 | 266 | | (24) a current or former child protective services |
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| 265 | 267 | | caseworker, adult protective services caseworker, or investigator |
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| 266 | 268 | | for the Department of Family and Protective Services or a current or |
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| 267 | 269 | | former employee of a department contractor performing child |
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| 268 | 270 | | protective services caseworker, adult protective services |
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| 269 | 271 | | caseworker, or investigator functions for the contractor on behalf |
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| 270 | 272 | | of the department; [and] |
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| 271 | 273 | | (25) [(24)] a state officer elected statewide or a |
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| 272 | 274 | | member of the legislature; and |
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| 273 | 275 | | (26) [(24)] a firefighter or volunteer firefighter or |
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| 274 | 276 | | emergency medical services personnel as defined by Section 773.003, |
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| 275 | 277 | | Health and Safety Code. |
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| 276 | 278 | | SECTION 4. The changes in law made by this Act to Sections |
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| 277 | 279 | | 552.117 and 552.1175, Government Code, and Section 25.025, Tax |
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| 278 | 280 | | Code, apply only to a request for information that is received by a |
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| 279 | 281 | | governmental body or an officer on or after the effective date of |
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| 280 | 282 | | this Act. A request for information that was received before the |
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| 281 | 283 | | effective date of this Act is governed by the law in effect on the |
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| 282 | 284 | | date the request was received, and the former law is continued in |
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| 283 | 285 | | effect for that purpose. |
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| 284 | 286 | | SECTION 5. To the extent of any conflict, this Act prevails |
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| 285 | 287 | | over another Act of the 87th Legislature, Regular Session, 2021, |
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| 286 | 288 | | relating to nonsubstantive additions to and corrections in enacted |
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| 287 | 289 | | codes. |
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| 288 | 290 | | SECTION 6. This Act takes effect immediately if it receives |
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| 289 | 291 | | a vote of two-thirds of all the members elected to each house, as |
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| 290 | 292 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 291 | 293 | | Act does not receive the vote necessary for immediate effect, this |
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| 292 | 294 | | Act takes effect September 1, 2021. |
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