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Texas Senate Bill SB1367

Texas 2023 - 88th Regular

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11 S.B. No. 1367
22
33
44 AN ACT
55 relating to the confidentiality of certain information for
66 employees of a county courthouse or the Office of Court
77 Administration of the Texas Judicial System and the employees'
88 family members.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. The heading to Section 13.0021, Election Code,
1111 is amended to read as follows:
1212 Sec. 13.0021. ADDITIONAL REGISTRATION INFORMATION FROM
1313 CERTAIN FEDERAL AND STATE JUDGES, FEDERAL OFFICIALS, GOVERNMENTAL
1414 EMPLOYEES, AND FAMILY MEMBERS.
1515 SECTION 2. Section 13.0021(b), Election Code, is amended to
1616 read as follows:
1717 (b) The registrar of the county shall omit from the
1818 registration list the residence address for a [If the] registration
1919 applicant who is:
2020 (1) a federal judge, including a federal bankruptcy
2121 judge;
2222 (2) [,] a state judge;
2323 (3) [,] a marshal of the United States Marshals
2424 Service;
2525 (4) [,] a United States attorney;
2626 (5) an employee whose duties are performed on behalf
2727 of the administration of a court, including a court clerk, court
2828 coordinator, court administrator, law clerk, or staff attorney;
2929 (6) a current or former employee of the Office of Court
3030 Administration of the Texas Judicial System and entities
3131 administratively attached to the office;[,] or
3232 (7) a family member of a person listed in Subdivisions
3333 (1)-(6) [state judge, a federal judge, including a federal
3434 bankruptcy judge, a marshal of the United States Marshals Service,
3535 or a United States attorney, the registrar of the county shall omit
3636 the applicant's residence address from the registration list].
3737 SECTION 3. Section 72.016, Government Code, is amended to
3838 read as follows:
3939 Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY.
4040 The director shall develop a procedure to regularly notify county
4141 registrars, the Department of Public Safety, the Texas Ethics
4242 Commission, and any other state or local government agency the
4343 office determines should be notified of the judges, judges'
4444 spouses, employees of the Office of Court Administration of the
4545 Texas Judicial System and entities administratively attached to the
4646 office, and related family members whose personal information must
4747 be kept from public records, as provided under Sections 552.117 and
4848 572.035 of this code, Sections 13.0021 and 15.0215, Election Code,
4949 Section 25.025, Tax Code, and Section 521.121, Transportation Code.
5050 SECTION 4. Section 552.117, Government Code, is amended by
5151 amending Subsections (a) and (b) and adding Subsection (b-1) to
5252 read as follows:
5353 (a) Information is excepted from the requirements of
5454 Section 552.021 if it is information that relates to the home
5555 address, home telephone number, emergency contact information, or
5656 social security number of the following person or that reveals
5757 whether the person has family members:
5858 (1) a current or former official or employee of a
5959 governmental body, except as otherwise provided by Section 552.024;
6060 (2) a current or honorably retired peace officer as
6161 defined by Article 2.12, Code of Criminal Procedure, or a current or
6262 honorably retired security officer commissioned under Section
6363 51.212, Education Code, regardless of whether the officer complies
6464 with Section 552.024 or 552.1175, as applicable;
6565 (3) a current or former employee of the Texas
6666 Department of Criminal Justice or of the predecessor in function of
6767 the department or any division of the department, regardless of
6868 whether the current or former employee complies with Section
6969 552.1175;
7070 (4) a peace officer as defined by Article 2.12, Code of
7171 Criminal Procedure, or other law, a reserve law enforcement
7272 officer, a commissioned deputy game warden, or a corrections
7373 officer in a municipal, county, or state penal institution in this
7474 state who was killed in the line of duty, regardless of whether the
7575 deceased complied with Section 552.024 or 552.1175;
7676 (5) a commissioned security officer as defined by
7777 Section 1702.002, Occupations Code, regardless of whether the
7878 officer complies with Section 552.024 or 552.1175, as applicable;
7979 (6) an officer or employee of a community supervision
8080 and corrections department established under Chapter 76 who
8181 performs a duty described by Section 76.004(b), regardless of
8282 whether the officer or employee complies with Section 552.024 or
8383 552.1175;
8484 (7) a current or former employee of the office of the
8585 attorney general who is or was assigned to a division of that office
8686 the duties of which involve law enforcement, regardless of whether
8787 the current or former employee complies with Section 552.024 or
8888 552.1175;
8989 (8) a current or former employee of the Texas Juvenile
9090 Justice Department or of the predecessors in function of the
9191 department, regardless of whether the current or former employee
9292 complies with Section 552.024 or 552.1175;
9393 (9) a current or former juvenile probation or
9494 supervision officer certified by the Texas Juvenile Justice
9595 Department, or the predecessors in function of the department,
9696 under Title 12, Human Resources Code, regardless of whether the
9797 current or former officer complies with Section 552.024 or
9898 552.1175;
9999 (10) a current or former employee of a juvenile
100100 justice program or facility, as those terms are defined by Section
101101 261.405, Family Code, regardless of whether the current or former
102102 employee complies with Section 552.024 or 552.1175;
103103 (11) a current or former member of the United States
104104 Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
105105 service of one of those branches of the armed forces, or the Texas
106106 military forces, as that term is defined by Section 437.001;
107107 (12) a current or former district attorney, criminal
108108 district attorney, or county or municipal attorney whose
109109 jurisdiction includes any criminal law or child protective services
110110 matters, regardless of whether the current or former attorney
111111 complies with Section 552.024 or 552.1175;
112112 (13) a current or former employee of a district
113113 attorney, criminal district attorney, or county or municipal
114114 attorney whose jurisdiction includes any criminal law or child
115115 protective services matters, regardless of whether the current or
116116 former employee complies with Section 552.024 or 552.1175;
117117 (14) a current or former employee of the Texas Civil
118118 Commitment Office or of the predecessor in function of the office or
119119 a division of the office, regardless of whether the current or
120120 former employee complies with Section 552.024 or 552.1175;
121121 (15) a current or former federal judge or state judge,
122122 as those terms are defined by Section 1.005, Election Code, a
123123 federal bankruptcy judge, a marshal of the United States Marshals
124124 Service, a United States attorney, or a family member of a current
125125 or former federal judge, including a federal bankruptcy judge, a
126126 marshal of the United States Marshals Service, a United States
127127 attorney, or a state judge;
128128 (16) a current or former child protective services
129129 caseworker, adult protective services caseworker, or investigator
130130 for the Department of Family and Protective Services, regardless of
131131 whether the caseworker or investigator complies with Section
132132 552.024 or 552.1175, or a current or former employee of a department
133133 contractor performing child protective services caseworker, adult
134134 protective services caseworker, or investigator functions for the
135135 contractor on behalf of the department;
136136 (17) an elected public officer, regardless of whether
137137 the officer complies with Section 552.024 or 552.1175;
138138 (18) a current or former United States attorney,
139139 assistant United States attorney, federal public defender, deputy
140140 federal public defender, or assistant federal public defender and
141141 the spouse or child of the current or former attorney or public
142142 defender, regardless of whether the person complies with Section
143143 552.024 or 552.1175; [or]
144144 (19) a firefighter or volunteer firefighter or
145145 emergency medical services personnel as defined by Section 773.003,
146146 Health and Safety Code, regardless of whether the firefighter or
147147 volunteer firefighter or emergency medical services personnel
148148 comply with Section 552.024 or 552.1175, as applicable;
149149 (20) a current or former employee whose duties are
150150 performed on behalf of the administration of a court, including a
151151 court clerk, court coordinator, court administrator, law clerk, or
152152 staff attorney, regardless of whether the employee complies with
153153 Section 552.024 or 552.1175; or
154154 (21) a current or former employee of the Office of
155155 Court Administration of the Texas Judicial System and entities
156156 administratively attached to the office, regardless of whether the
157157 employee complies with Section 552.024 or 552.1175.
158158 (b) Except as provided by Subsection (b-1), all [All]
159159 documents filed with a county clerk and all documents filed with a
160160 district clerk are exempt from this section.
161161 (b-1) A county clerk or district clerk on request of a
162162 person to whom this section applies shall redact information
163163 described by Subsection (a) that relates to the person from any
164164 document the clerk posts on an Internet website.
165165 SECTION 5. Section 552.1175, Government Code, is amended by
166166 amending Subsections (a) and (e) and adding Subsection (e-1) to
167167 read as follows:
168168 (a) This section applies only to:
169169 (1) current or honorably retired peace officers as
170170 defined by Article 2.12, Code of Criminal Procedure, or special
171171 investigators as described by Article 2.122, Code of Criminal
172172 Procedure;
173173 (2) current or honorably retired county jailers as
174174 defined by Section 1701.001, Occupations Code;
175175 (3) current or former employees of the Texas
176176 Department of Criminal Justice or of the predecessor in function of
177177 the department or any division of the department;
178178 (4) commissioned security officers as defined by
179179 Section 1702.002, Occupations Code;
180180 (5) a current or former district attorney, criminal
181181 district attorney, or county or municipal attorney whose
182182 jurisdiction includes any criminal law or child protective services
183183 matters;
184184 (5-a) a current or former employee of a district
185185 attorney, criminal district attorney, or county or municipal
186186 attorney whose jurisdiction includes any criminal law or child
187187 protective services matters;
188188 (6) officers and employees of a community supervision
189189 and corrections department established under Chapter 76 who perform
190190 a duty described by Section 76.004(b);
191191 (7) criminal investigators of the United States as
192192 described by Article 2.122(a), Code of Criminal Procedure;
193193 (8) current or honorably retired police officers and
194194 inspectors of the United States Federal Protective Service;
195195 (9) current and former employees of the office of the
196196 attorney general who are or were assigned to a division of that
197197 office the duties of which involve law enforcement;
198198 (10) current or former juvenile probation and
199199 detention officers certified by the Texas Juvenile Justice
200200 Department, or the predecessors in function of the department,
201201 under Title 12, Human Resources Code;
202202 (11) current or former employees of a juvenile justice
203203 program or facility, as those terms are defined by Section 261.405,
204204 Family Code;
205205 (12) current or former employees of the Texas Juvenile
206206 Justice Department or the predecessors in function of the
207207 department;
208208 (13) federal judges and state judges as defined by
209209 Section 1.005, Election Code;
210210 (14) current or former employees of the Texas Civil
211211 Commitment Office or of the predecessor in function of the office or
212212 a division of the office;
213213 (15) a current or former member of the United States
214214 Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
215215 service of one of those branches of the armed forces, or the Texas
216216 military forces, as that term is defined by Section 437.001;
217217 (16) a current or former child protective services
218218 caseworker, adult protective services caseworker, or investigator
219219 for the Department of Family and Protective Services or a current or
220220 former employee of a department contractor performing child
221221 protective services caseworker, adult protective services
222222 caseworker, or investigator functions for the contractor on behalf
223223 of the department;
224224 (17) an elected public officer;
225225 (18) a firefighter or volunteer firefighter or
226226 emergency medical services personnel as defined by Section 773.003,
227227 Health and Safety Code; [and]
228228 (19) a current or former United States attorney,
229229 assistant United States attorney, federal public defender, deputy
230230 federal public defender, or assistant federal public defender;
231231 (20) a current or former employee whose duties are
232232 performed on behalf of the administration of a court, including a
233233 court clerk, court coordinator, court administrator, law clerk, or
234234 staff attorney; and
235235 (21) a current or former employee of the Office of
236236 Court Administration of the Texas Judicial System and entities
237237 administratively attached to the office.
238238 (e) Except as provided by Subsection (e-1), all [All]
239239 documents filed with a county clerk and all documents filed with a
240240 district clerk are exempt from this section.
241241 (e-1) A county clerk or district clerk on request of a
242242 person to whom this section applies shall redact information
243243 described by Subsection (b) that relates to the person from any
244244 document the clerk posts on an Internet website.
245245 SECTION 6. Section 25.025(a), Tax Code, is amended to read
246246 as follows:
247247 (a) This section applies only to:
248248 (1) a current or former peace officer as defined by
249249 Article 2.12, Code of Criminal Procedure, and the spouse or
250250 surviving spouse of the peace officer;
251251 (2) the adult child of a current peace officer as
252252 defined by Article 2.12, Code of Criminal Procedure;
253253 (3) a current or honorably retired county jailer as
254254 defined by Section 1701.001, Occupations Code;
255255 (4) an employee of the Texas Department of Criminal
256256 Justice;
257257 (5) a commissioned security officer as defined by
258258 Section 1702.002, Occupations Code;
259259 (6) an individual who shows that the individual, the
260260 individual's child, or another person in the individual's household
261261 is a victim of family violence as defined by Section 71.004, Family
262262 Code, by providing:
263263 (A) a copy of a protective order issued under
264264 Chapter 85, Family Code, or a magistrate's order for emergency
265265 protection issued under Article 17.292, Code of Criminal Procedure;
266266 or
267267 (B) other independent documentary evidence
268268 necessary to show that the individual, the individual's child, or
269269 another person in the individual's household is a victim of family
270270 violence;
271271 (7) an individual who shows that the individual, the
272272 individual's child, or another person in the individual's household
273273 is a victim of sexual assault or abuse, stalking, or trafficking of
274274 persons by providing:
275275 (A) a copy of a protective order issued under
276276 Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
277277 magistrate's order for emergency protection issued under Article
278278 17.292, Code of Criminal Procedure; or
279279 (B) other independent documentary evidence
280280 necessary to show that the individual, the individual's child, or
281281 another person in the individual's household is a victim of sexual
282282 assault or abuse, stalking, or trafficking of persons;
283283 (8) a participant in the address confidentiality
284284 program administered by the attorney general under Subchapter B,
285285 Chapter 58, Code of Criminal Procedure, who provides proof of
286286 certification under Article 58.059, Code of Criminal Procedure;
287287 (9) a federal judge, a federal bankruptcy judge, a
288288 marshal of the United States Marshals Service, a state judge, or a
289289 family member of a federal judge, a federal bankruptcy judge, a
290290 marshal of the United States Marshals Service, or a state judge;
291291 (10) a current or former district attorney, criminal
292292 district attorney, or county or municipal attorney whose
293293 jurisdiction includes any criminal law or child protective services
294294 matters;
295295 (11) a current or former employee of a district
296296 attorney, criminal district attorney, or county or municipal
297297 attorney whose jurisdiction includes any criminal law or child
298298 protective services matters;
299299 (12) an officer or employee of a community supervision
300300 and corrections department established under Chapter 76,
301301 Government Code, who performs a duty described by Section 76.004(b)
302302 of that code;
303303 (13) a criminal investigator of the United States as
304304 described by Article 2.122(a), Code of Criminal Procedure;
305305 (14) a current or honorably retired police officer or
306306 inspector of the United States Federal Protective Service;
307307 (15) a current or former United States attorney,
308308 assistant United States attorney, federal public defender, deputy
309309 federal public defender, or assistant federal public defender and
310310 the spouse and child of the attorney or public defender;
311311 (16) a current or former employee of the office of the
312312 attorney general who is or was assigned to a division of that office
313313 the duties of which involve law enforcement;
314314 (17) a medical examiner or person who performs
315315 forensic analysis or testing who is employed by this state or one or
316316 more political subdivisions of this state;
317317 (18) a current or former member of the United States
318318 armed forces who has served in an area that the president of the
319319 United States by executive order designates for purposes of 26
320320 U.S.C. Section 112 as an area in which armed forces of the United
321321 States are or have engaged in combat;
322322 (19) a current or former employee of the Texas
323323 Juvenile Justice Department or of the predecessors in function of
324324 the department;
325325 (20) a current or former juvenile probation or
326326 supervision officer certified by the Texas Juvenile Justice
327327 Department, or the predecessors in function of the department,
328328 under Title 12, Human Resources Code;
329329 (21) a current or former employee of a juvenile
330330 justice program or facility, as those terms are defined by Section
331331 261.405, Family Code;
332332 (22) a current or former employee of the Texas Civil
333333 Commitment Office or the predecessor in function of the office or a
334334 division of the office;
335335 (23) a current or former employee of a federal judge or
336336 state judge;
337337 (24) a current or former child protective services
338338 caseworker, adult protective services caseworker, or investigator
339339 for the Department of Family and Protective Services or a current or
340340 former employee of a department contractor performing child
341341 protective services caseworker, adult protective services
342342 caseworker, or investigator functions for the contractor on behalf
343343 of the department;
344344 (25) an elected public officer; [and]
345345 (26) a firefighter or volunteer firefighter or
346346 emergency medical services personnel as defined by Section 773.003,
347347 Health and Safety Code;
348348 (27) a current or former employee whose duties are
349349 performed on behalf of the administration of a court, including a
350350 court clerk, court coordinator, court administrator, law clerk, or
351351 staff attorney; and
352352 (28) a current or former employee of the Office of
353353 Court Administration of the Texas Judicial System and entities
354354 administratively attached to the office.
355355 SECTION 7. Section 521.121, Transportation Code, is amended
356356 by amending Subsections (a) and (c) and adding Subsection (c-1) to
357357 read as follows:
358358 (a) The driver's license must include:
359359 (1) a distinguishing number assigned by the department
360360 to the license holder;
361361 (2) a photograph of the entire face of the holder;
362362 (3) the full name and date of birth of the holder;
363363 (4) a brief description of the holder; and
364364 (5) the license holder's residence address or, for a
365365 license holder using the procedure under Subsection (c):
366366 (A) [,] the street address of the courthouse in
367367 which the license holder or license holder's spouse or parent:
368368 (i) serves as a federal judge, including a
369369 federal bankruptcy judge, a marshal of the United States Marshals
370370 Service, a United States attorney, or a state judge; or
371371 (ii) performs duties on behalf of the
372372 administration of a court, including a court clerk, court
373373 coordinator, court administrator, law clerk, or staff attorney; or
374374 (B) the office address of the office in which the
375375 license holder or the license holder's spouse or parent performs
376376 duties as an employee of the Office of Court Administration of the
377377 Texas Judicial System and entities administratively attached to the
378378 office.
379379 (c) The department shall establish a procedure, on a license
380380 holder's qualification for or appointment to office as a federal or
381381 state judge as defined by Section 1.005, Election Code, or as a
382382 federal bankruptcy judge, a marshal of the United States Marshals
383383 Service, [or] a United States attorney, or for a license holder
384384 whose duties are performed on behalf of the administration of a
385385 court, including a court clerk, court coordinator, court
386386 administrator, law clerk, or staff attorney, or as an employee of
387387 the Office of Court Administration of the Texas Judicial System and
388388 entities administratively attached to the office, to omit the
389389 residence address of the judge, [or] official, or employee and any
390390 family member of the judge, [or] official, or employee on the
391391 license holder's license and to print [include], in lieu of that
392392 address, the street address of the courthouse or office building in
393393 which the license holder or license holder's spouse or parent
394394 serves as a federal or state judge, [or] official, or employee.
395395 (c-1) The residence address of a license holder whose
396396 residence address is omitted using the procedure under Subsection
397397 (c) is confidential and is available only for the official use of
398398 the department or a law enforcement agency.
399399 SECTION 8. Not later than November 1, 2024, the Department
400400 of Public Safety shall:
401401 (1) review the department's processes for
402402 implementation of and compliance with Section 521.121,
403403 Transportation Code, as amended by this Act; and
404404 (2) submit to the governor, the lieutenant governor,
405405 the speaker of the house of representatives, each member of the
406406 legislature, and the Texas Judicial Council a written report
407407 containing the results of the review, a description of the methods
408408 used to prepare the review, and any recommendations for legislative
409409 or other action.
410410 SECTION 9. The changes in law made by this Act apply only to
411411 a request for information that is received by a governmental body or
412412 an officer on or after the effective date of this Act. A request for
413413 information that was received before the effective date of this Act
414414 is governed by the law in effect on the date the request was
415415 received, and the former law is continued in effect for that
416416 purpose.
417417 SECTION 10. This Act takes effect September 1, 2023.
418418 ______________________________ ______________________________
419419 President of the Senate Speaker of the House
420420 I hereby certify that S.B. No. 1367 passed the Senate on
421421 April 27, 2023, by the following vote: Yeas 29, Nays 2; and that
422422 the Senate concurred in House amendment on May 27, 2023, by the
423423 following vote: Yeas 29, Nays 2.
424424 ______________________________
425425 Secretary of the Senate
426426 I hereby certify that S.B. No. 1367 passed the House, with
427427 amendment, on May 24, 2023, by the following vote: Yeas 134,
428428 Nays 4, one present not voting.
429429 ______________________________
430430 Chief Clerk of the House
431431 Approved:
432432 ______________________________
433433 Date
434434 ______________________________
435435 Governor