Texas 2021 - 87th Regular

Texas Senate Bill SB948 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R9456 MCK-D
2	2	By: Hinojosa S.B. No. 948
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the availability of personal information of individuals
8	8	who are current or former employees of the Texas Alcoholic Beverage
9	9	Commission.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 552.117(a), Government Code, as
12	12	reenacted and amended by Chapters 367 (H.B. 1351), 633 (S.B. 1494),
13	13	1146 (H.B. 2910), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the
14	14	86th Legislature, Regular Session, 2019, is reenacted and amended
15	15	to read as follows:
16	16	(a) Information is excepted from the requirements of
17	17	Section 552.021 if it is information that relates to the home
18	18	address, home telephone number, emergency contact information, or
19	19	social security number of the following person or that reveals
20	20	whether the person has family members:
21	21	(1) a current or former official or employee of a
22	22	governmental body, except as otherwise provided by Section 552.024;
23	23	(2) a peace officer as defined by Article 2.12, Code of
24	24	Criminal Procedure, or a security officer commissioned under
25	25	Section 51.212, Education Code, regardless of whether the officer
26	26	complies with Section 552.024 or 552.1175, as applicable;
27	27	(3) a current or former employee of the Texas
28	28	Department of Criminal Justice or of the predecessor in function of
29	29	the department or any division of the department, regardless of
30	30	whether the current or former employee complies with Section
31	31	552.1175;
32	32	(4) a peace officer as defined by Article 2.12, Code of
33	33	Criminal Procedure, or other law, a reserve law enforcement
34	34	officer, a commissioned deputy game warden, or a corrections
35	35	officer in a municipal, county, or state penal institution in this
36	36	state who was killed in the line of duty, regardless of whether the
37	37	deceased complied with Section 552.024 or 552.1175;
38	38	(5) a commissioned security officer as defined by
39	39	Section 1702.002, Occupations Code, regardless of whether the
40	40	officer complies with Section 552.024 or 552.1175, as applicable;
41	41	(6) an officer or employee of a community supervision
42	42	and corrections department established under Chapter 76 who
43	43	performs a duty described by Section 76.004(b), regardless of
44	44	whether the officer or employee complies with Section 552.024 or
45	45	552.1175;
46	46	(7) a current or former employee of the office of the
47	47	attorney general who is or was assigned to a division of that office
48	48	the duties of which involve law enforcement, regardless of whether
49	49	the current or former employee complies with Section 552.024 or
50	50	552.1175;
51	51	(8) a current or former employee of the Texas Juvenile
52	52	Justice Department or of the predecessors in function of the
53	53	department, regardless of whether the current or former employee
54	54	complies with Section 552.024 or 552.1175;
55	55	(9) a current or former juvenile probation or
56	56	supervision officer certified by the Texas Juvenile Justice
57	57	Department, or the predecessors in function of the department,
58	58	under Title 12, Human Resources Code, regardless of whether the
59	59	current or former officer complies with Section 552.024 or
60	60	552.1175;
61	61	(10) a current or former employee of a juvenile
62	62	justice program or facility, as those terms are defined by Section
63	63	261.405, Family Code, regardless of whether the current or former
64	64	employee complies with Section 552.024 or 552.1175;
65	65	(11) a current or former member of the United States
66	66	Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
67	67	service of one of those branches of the armed forces, or the Texas
68	68	military forces, as that term is defined by Section 437.001;
69	69	(12) a current or former district attorney, criminal
70	70	district attorney, or county or municipal attorney whose
71	71	jurisdiction includes any criminal law or child protective services
72	72	matters, regardless of whether the current or former attorney
73	73	complies with Section 552.024 or 552.1175;
74	74	(13) a current or former employee of a district
75	75	attorney, criminal district attorney, or county or municipal
76	76	attorney whose jurisdiction includes any criminal law or child
77	77	protective services matters, regardless of whether the current or
78	78	former employee complies with Section 552.024 or 552.1175;
79	79	(14) a current or former employee of the Texas Civil
80	80	Commitment Office or of the predecessor in function of the office or
81	81	a division of the office, regardless of whether the current or
82	82	former employee complies with Section 552.024 or 552.1175; [or]
83	83	(15) a current or former federal judge or state judge,
84	84	as those terms are defined by Section 1.005, Election Code, or a
85	85	spouse of a current or former federal judge or state judge;
86	86	(16) a current or former child protective services
87	87	caseworker, adult protective services caseworker, or investigator
88	88	for the Department of Family and Protective Services, regardless of
89	89	whether the caseworker or investigator complies with Section
90	90	552.024 or 552.1175, or a current or former employee of a department
91	91	contractor performing child protective services caseworker, adult
92	92	protective services caseworker, or investigator functions for the
93	93	contractor on behalf of the department; [or]
94	94	(17) [(16)] a state officer elected statewide or a
95	95	member of the legislature, regardless of whether the officer or
96	96	member complies with Section 552.024 or 552.1175;
97	97	(18) [(16)] a current or former United States attorney
98	98	or assistant United States attorney and the spouse or child of the
99	99	attorney;
100	100	(19) [(16)] a firefighter or volunteer firefighter or
101	101	emergency medical services personnel as defined by Section 773.003,
102	102	Health and Safety Code, regardless of whether the firefighter or
103	103	volunteer firefighter or emergency medical services personnel
104	104	comply with Section 552.024 or 552.1175, as applicable; or
105	105	(20) a current or former employee of the Texas
106	106	Alcoholic Beverage Commission.
107	107	SECTION 2. Section 552.1175(a), Government Code, as amended
108	108	by Chapters 367 (H.B. 1351), 633 (S.B. 1494), 1146 (H.B. 2910), 1213
109	109	(S.B. 662), and 1245 (H.B. 2446), Acts of the 86th Legislature,
110	110	Regular Session, 2019, is reenacted and amended to read as follows:
111	111	(a) This section applies only to:
112	112	(1) peace officers as defined by Article 2.12, Code of
113	113	Criminal Procedure, or special investigators as described by
114	114	Article 2.122, Code of Criminal Procedure;
115	115	(2) county jailers as defined by Section 1701.001,
116	116	Occupations Code;
117	117	(3) current or former employees of the Texas
118	118	Department of Criminal Justice or of the predecessor in function of
119	119	the department or any division of the department;
120	120	(4) commissioned security officers as defined by
121	121	Section 1702.002, Occupations Code;
122	122	(5) a current or former district attorney, criminal
123	123	district attorney, or county or municipal attorney whose
124	124	jurisdiction includes any criminal law or child protective services
125	125	matters;
126	126	(5-a) a current or former employee of a district
127	127	attorney, criminal district attorney, or county or municipal
128	128	attorney whose jurisdiction includes any criminal law or child
129	129	protective services matters;
130	130	(6) officers and employees of a community supervision
131	131	and corrections department established under Chapter 76 who perform
132	132	a duty described by Section 76.004(b);
133	133	(7) criminal investigators of the United States as
134	134	described by Article 2.122(a), Code of Criminal Procedure;
135	135	(8) police officers and inspectors of the United
136	136	States Federal Protective Service;
137	137	(9) current and former employees of the office of the
138	138	attorney general who are or were assigned to a division of that
139	139	office the duties of which involve law enforcement;
140	140	(10) current or former juvenile probation and
141	141	detention officers certified by the Texas Juvenile Justice
142	142	Department, or the predecessors in function of the department,
143	143	under Title 12, Human Resources Code;
144	144	(11) current or former employees of a juvenile justice
145	145	program or facility, as those terms are defined by Section 261.405,
146	146	Family Code;
147	147	(12) current or former employees of the Texas Juvenile
148	148	Justice Department or the predecessors in function of the
149	149	department;
150	150	(13) federal judges and state judges as defined by
151	151	Section 1.005, Election Code;
152	152	(14) current or former employees of the Texas Civil
153	153	Commitment Office or of the predecessor in function of the office or
154	154	a division of the office; [and]
155	155	(15) a current or former member of the United States
156	156	Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
157	157	service of one of those branches of the armed forces, or the Texas
158	158	military forces, as that term is defined by Section 437.001;
159	159	(16) [(15)] a current or former child protective
160	160	services caseworker, adult protective services caseworker, or
161	161	investigator for the Department of Family and Protective Services
162	162	or a current or former employee of a department contractor
163	163	performing child protective services caseworker, adult protective
164	164	services caseworker, or investigator functions for the contractor
165	165	on behalf of the department; [and]
166	166	(17) [(15)] state officers elected statewide and
167	167	members of the legislature;
168	168	(18) [(15)] a firefighter or volunteer firefighter or
169	169	emergency medical services personnel as defined by Section 773.003,
170	170	Health and Safety Code; and
171	171	(19) a current or former employee of the Texas
172	172	Alcoholic Beverage Commission.
173	173	SECTION 3. Section 25.025(a), Tax Code, as amended by
174	174	Chapters 467 (H.B. 4170), 469 (H.B. 4173), 633 (S.B. 1494), 1213
175	175	(S.B. 662), and 1245 (H.B. 2446), Acts of the 86th Legislature,
176	176	Regular Session, 2019, is reenacted and amended to read as follows:
177	177	(a) This section applies only to:
178	178	(1) a current or former peace officer as defined by
179	179	Article 2.12, Code of Criminal Procedure, and the spouse or
180	180	surviving spouse of the peace officer;
181	181	(2) the adult child of a current peace officer as
182	182	defined by Article 2.12, Code of Criminal Procedure;
183	183	(3) a county jailer as defined by Section 1701.001,
184	184	Occupations Code;
185	185	(4) an employee of the Texas Department of Criminal
186	186	Justice;
187	187	(5) a commissioned security officer as defined by
188	188	Section 1702.002, Occupations Code;
189	189	(6) an individual who shows that the individual, the
190	190	individual's child, or another person in the individual's household
191	191	is a victim of family violence as defined by Section 71.004, Family
192	192	Code, by providing:
193	193	(A) a copy of a protective order issued under
194	194	Chapter 85, Family Code, or a magistrate's order for emergency
195	195	protection issued under Article 17.292, Code of Criminal Procedure;
196	196	or
197	197	(B) other independent documentary evidence
198	198	necessary to show that the individual, the individual's child, or
199	199	another person in the individual's household is a victim of family
200	200	violence;
201	201	(7) an individual who shows that the individual, the
202	202	individual's child, or another person in the individual's household
203	203	is a victim of sexual assault or abuse, stalking, or trafficking of
204	204	persons by providing:
205	205	(A) a copy of a protective order issued under
206	206	Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
207	207	magistrate's order for emergency protection issued under Article
208	208	17.292, Code of Criminal Procedure; or
209	209	(B) other independent documentary evidence
210	210	necessary to show that the individual, the individual's child, or
211	211	another person in the individual's household is a victim of sexual
212	212	assault or abuse, stalking, or trafficking of persons;
213	213	(8) a participant in the address confidentiality
214	214	program administered by the attorney general under Subchapter B,
215	215	Chapter 58, Code of Criminal Procedure, who provides proof of
216	216	certification under Article 58.059, Code of Criminal Procedure;
217	217	(9) a federal judge, a state judge, or the spouse of a
218	218	federal judge or state judge;
219	219	(10) a current or former district attorney, criminal
220	220	district attorney, or county or municipal attorney whose
221	221	jurisdiction includes any criminal law or child protective services
222	222	matters;
223	223	(11) a current or former employee of a district
224	224	attorney, criminal district attorney, or county or municipal
225	225	attorney whose jurisdiction includes any criminal law or child
226	226	protective services matters;
227	227	(12) an officer or employee of a community supervision
228	228	and corrections department established under Chapter 76,
229	229	Government Code, who performs a duty described by Section 76.004(b)
230	230	of that code;
231	231	(13) a criminal investigator of the United States as
232	232	described by Article 2.122(a), Code of Criminal Procedure;
233	233	(14) a police officer or inspector of the United
234	234	States Federal Protective Service;
235	235	(15) a current or former United States attorney or
236	236	assistant United States attorney and the spouse and child of the
237	237	attorney;
238	238	(16) a current or former employee of the office of the
239	239	attorney general who is or was assigned to a division of that office
240	240	the duties of which involve law enforcement;
241	241	(17) a medical examiner or person who performs
242	242	forensic analysis or testing who is employed by this state or one or
243	243	more political subdivisions of this state;
244	244	(18) a current or former member of the United States
245	245	armed forces who has served in an area that the president of the
246	246	United States by executive order designates for purposes of 26
247	247	U.S.C. Section 112 as an area in which armed forces of the United
248	248	States are or have engaged in combat;
249	249	(19) a current or former employee of the Texas
250	250	Juvenile Justice Department or of the predecessors in function of
251	251	the department;
252	252	(20) a current or former juvenile probation or
253	253	supervision officer certified by the Texas Juvenile Justice
254	254	Department, or the predecessors in function of the department,
255	255	under Title 12, Human Resources Code;
256	256	(21) a current or former employee of a juvenile
257	257	justice program or facility, as those terms are defined by Section
258	258	261.405, Family Code;
259	259	(22) a current or former employee of the Texas Civil
260	260	Commitment Office or the predecessor in function of the office or a
261	261	division of the office; [and]
262	262	(23) a current or former employee of a federal judge or
263	263	state judge;
264	264	(24) a current or former child protective services
265	265	caseworker, adult protective services caseworker, or investigator
266	266	for the Department of Family and Protective Services or a current or
267	267	former employee of a department contractor performing child
268	268	protective services caseworker, adult protective services
269	269	caseworker, or investigator functions for the contractor on behalf
270	270	of the department; [and]
271	271	(25) [(24)] a state officer elected statewide or a
272	272	member of the legislature;
273	273	(26) [(24)] a firefighter or volunteer firefighter or
274	274	emergency medical services personnel as defined by Section 773.003,
275	275	Health and Safety Code; and
276	276	(27) a current or former employee of the Texas
277	277	Alcoholic Beverage Commission.
278	278	SECTION 4. The changes in law made by this Act to Sections
279	279	552.117 and 552.1175, Government Code, and Section 25.025, Tax
280	280	Code, apply only to a request for information that is received by a
281	281	governmental body or an officer on or after the effective date of
282	282	this Act. A request for information that was received before the
283	283	effective date of this Act is governed by the law in effect on the
284	284	date the request was received, and the former law is continued in
285	285	effect for that purpose.
286	286	SECTION 5. To the extent of any conflict, this Act prevails
287	287	over another Act of the 87th Legislature, Regular Session, 2021,
288	288	relating to nonsubstantive additions to and corrections in enacted
289	289	codes.
290	290	SECTION 6. This Act takes effect immediately if it receives
291	291	a vote of two-thirds of all the members elected to each house, as
292	292	provided by Section 39, Article III, Texas Constitution. If this
293	293	Act does not receive the vote necessary for immediate effect, this
294	294	Act takes effect September 1, 2021.