Texas 2023 - 88th Regular

Texas Senate Bill SB1431 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1431
2	2
3	3
4	4	AN ACT
5	5	relating to the confidentiality of certain information for a
6	6	current or former administrative law judge for the State Office of
7	7	Administrative Hearings.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 552.117(a), Government Code, is amended
10	10	to read as follows:
11	11	(a) Information is excepted from the requirements of
12	12	Section 552.021 if it is information that relates to the home
13	13	address, home telephone number, emergency contact information, or
14	14	social security number of the following person or that reveals
15	15	whether the person has family members:
16	16	(1) a current or former official or employee of a
17	17	governmental body, except as otherwise provided by Section 552.024;
18	18	(2) a current or honorably retired peace officer as
19	19	defined by Article 2.12, Code of Criminal Procedure, or a current or
20	20	honorably retired security officer commissioned under Section
21	21	51.212, Education Code, regardless of whether the officer complies
22	22	with Section 552.024 or 552.1175, as applicable;
23	23	(3) a current or former employee of the Texas
24	24	Department of Criminal Justice or of the predecessor in function of
25	25	the department or any division of the department, regardless of
26	26	whether the current or former employee complies with Section
27	27	552.1175;
28	28	(4) a peace officer as defined by Article 2.12, Code of
29	29	Criminal Procedure, or other law, a reserve law enforcement
30	30	officer, a commissioned deputy game warden, or a corrections
31	31	officer in a municipal, county, or state penal institution in this
32	32	state who was killed in the line of duty, regardless of whether the
33	33	deceased complied with Section 552.024 or 552.1175;
34	34	(5) a commissioned security officer as defined by
35	35	Section 1702.002, Occupations Code, regardless of whether the
36	36	officer complies with Section 552.024 or 552.1175, as applicable;
37	37	(6) an officer or employee of a community supervision
38	38	and corrections department established under Chapter 76 who
39	39	performs a duty described by Section 76.004(b), regardless of
40	40	whether the officer or employee complies with Section 552.024 or
41	41	552.1175;
42	42	(7) a current or former employee of the office of the
43	43	attorney general who is or was assigned to a division of that office
44	44	the duties of which involve law enforcement, regardless of whether
45	45	the current or former employee complies with Section 552.024 or
46	46	552.1175;
47	47	(8) a current or former employee of the Texas Juvenile
48	48	Justice Department or of the predecessors in function of the
49	49	department, regardless of whether the current or former employee
50	50	complies with Section 552.024 or 552.1175;
51	51	(9) a current or former juvenile probation or
52	52	supervision officer certified by the Texas Juvenile Justice
53	53	Department, or the predecessors in function of the department,
54	54	under Title 12, Human Resources Code, regardless of whether the
55	55	current or former officer complies with Section 552.024 or
56	56	552.1175;
57	57	(10) a current or former employee of a juvenile
58	58	justice program or facility, as those terms are defined by Section
59	59	261.405, Family Code, regardless of whether the current or former
60	60	employee complies with Section 552.024 or 552.1175;
61	61	(11) a current or former member of the United States
62	62	Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
63	63	service of one of those branches of the armed forces, or the Texas
64	64	military forces, as that term is defined by Section 437.001;
65	65	(12) a current or former district attorney, criminal
66	66	district attorney, or county or municipal attorney whose
67	67	jurisdiction includes any criminal law or child protective services
68	68	matters, regardless of whether the current or former attorney
69	69	complies with Section 552.024 or 552.1175;
70	70	(13) a current or former employee of a district
71	71	attorney, criminal district attorney, or county or municipal
72	72	attorney whose jurisdiction includes any criminal law or child
73	73	protective services matters, regardless of whether the current or
74	74	former employee complies with Section 552.024 or 552.1175;
75	75	(14) a current or former employee of the Texas Civil
76	76	Commitment Office or of the predecessor in function of the office or
77	77	a division of the office, regardless of whether the current or
78	78	former employee complies with Section 552.024 or 552.1175;
79	79	(15) a current or former federal judge or state judge,
80	80	as those terms are defined by Section 1.005, Election Code, a
81	81	federal bankruptcy judge, a marshal of the United States Marshals
82	82	Service, a United States attorney, or a family member of a current
83	83	or former federal judge, including a federal bankruptcy judge, a
84	84	marshal of the United States Marshals Service, a United States
85	85	attorney, or a 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;
94	94	(17) an elected public officer, regardless of whether
95	95	the officer complies with Section 552.024 or 552.1175;
96	96	(18) a current or former United States attorney,
97	97	assistant United States attorney, federal public defender, deputy
98	98	federal public defender, or assistant federal public defender and
99	99	the spouse or child of the current or former attorney or public
100	100	defender, regardless of whether the person complies with Section
101	101	552.024 or 552.1175; [or]
102	102	(19) a firefighter or volunteer firefighter or
103	103	emergency medical services personnel as defined by Section 773.003,
104	104	Health and Safety Code, regardless of whether the firefighter or
105	105	volunteer firefighter or emergency medical services personnel
106	106	comply with Section 552.024 or 552.1175, as applicable; or
107	107	(20) a current or former administrative law judge for
108	108	the State Office of Administrative Hearings, regardless of whether
109	109	the person complies with Section 552.024 or 552.1175.
110	110	SECTION 2. Section 552.1175(a), Government Code, is amended
111	111	to read as follows:
112	112	(a) This section applies only to:
113	113	(1) current or honorably retired peace officers as
114	114	defined by Article 2.12, Code of Criminal Procedure, or special
115	115	investigators as described by Article 2.122, Code of Criminal
116	116	Procedure;
117	117	(2) current or honorably retired county jailers as
118	118	defined by Section 1701.001, Occupations Code;
119	119	(3) current or former employees of the Texas
120	120	Department of Criminal Justice or of the predecessor in function of
121	121	the department or any division of the department;
122	122	(4) commissioned security officers as defined by
123	123	Section 1702.002, Occupations Code;
124	124	(5) a current or former district attorney, criminal
125	125	district attorney, or county or municipal attorney whose
126	126	jurisdiction includes any criminal law or child protective services
127	127	matters;
128	128	(5-a) a current or former employee of a district
129	129	attorney, criminal district attorney, or county or municipal
130	130	attorney whose jurisdiction includes any criminal law or child
131	131	protective services matters;
132	132	(6) officers and employees of a community supervision
133	133	and corrections department established under Chapter 76 who perform
134	134	a duty described by Section 76.004(b);
135	135	(7) criminal investigators of the United States as
136	136	described by Article 2.122(a), Code of Criminal Procedure;
137	137	(8) current or honorably retired police officers and
138	138	inspectors of the United States Federal Protective Service;
139	139	(9) current and former employees of the office of the
140	140	attorney general who are or were assigned to a division of that
141	141	office the duties of which involve law enforcement;
142	142	(10) current or former juvenile probation and
143	143	detention officers certified by the Texas Juvenile Justice
144	144	Department, or the predecessors in function of the department,
145	145	under Title 12, Human Resources Code;
146	146	(11) current or former employees of a juvenile justice
147	147	program or facility, as those terms are defined by Section 261.405,
148	148	Family Code;
149	149	(12) current or former employees of the Texas Juvenile
150	150	Justice Department or the predecessors in function of the
151	151	department;
152	152	(13) federal judges and state judges as defined by
153	153	Section 1.005, Election Code;
154	154	(14) current or former employees of the Texas Civil
155	155	Commitment Office or of the predecessor in function of the office or
156	156	a division of the office;
157	157	(15) a current or former member of the United States
158	158	Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
159	159	service of one of those branches of the armed forces, or the Texas
160	160	military forces, as that term is defined by Section 437.001;
161	161	(16) a current or former child protective services
162	162	caseworker, adult protective services caseworker, or investigator
163	163	for the Department of Family and Protective Services or a current or
164	164	former employee of a department contractor performing child
165	165	protective services caseworker, adult protective services
166	166	caseworker, or investigator functions for the contractor on behalf
167	167	of the department;
168	168	(17) an elected public officer;
169	169	(18) a firefighter or volunteer firefighter or
170	170	emergency medical services personnel as defined by Section 773.003,
171	171	Health and Safety Code; [and]
172	172	(19) a current or former United States attorney,
173	173	assistant United States attorney, federal public defender, deputy
174	174	federal public defender, or assistant federal public defender; and
175	175	(20) a current or former administrative law judge for
176	176	the State Office of Administrative Hearings.
177	177	SECTION 3. Section 25.025(a), Tax Code, is amended to read
178	178	as follows:
179	179	(a) This section applies only to:
180	180	(1) a current or former peace officer as defined by
181	181	Article 2.12, Code of Criminal Procedure, and the spouse or
182	182	surviving spouse of the peace officer;
183	183	(2) the adult child of a current peace officer as
184	184	defined by Article 2.12, Code of Criminal Procedure;
185	185	(3) a current or honorably retired county jailer as
186	186	defined by Section 1701.001, Occupations Code;
187	187	(4) an employee of the Texas Department of Criminal
188	188	Justice;
189	189	(5) a commissioned security officer as defined by
190	190	Section 1702.002, Occupations Code;
191	191	(6) an individual who shows that the individual, the
192	192	individual's child, or another person in the individual's household
193	193	is a victim of family violence as defined by Section 71.004, Family
194	194	Code, by providing:
195	195	(A) a copy of a protective order issued under
196	196	Chapter 85, Family Code, or a magistrate's order for emergency
197	197	protection issued under Article 17.292, Code of Criminal Procedure;
198	198	or
199	199	(B) other independent documentary evidence
200	200	necessary to show that the individual, the individual's child, or
201	201	another person in the individual's household is a victim of family
202	202	violence;
203	203	(7) an individual who shows that the individual, the
204	204	individual's child, or another person in the individual's household
205	205	is a victim of sexual assault or abuse, stalking, or trafficking of
206	206	persons by providing:
207	207	(A) a copy of a protective order issued under
208	208	Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
209	209	magistrate's order for emergency protection issued under Article
210	210	17.292, Code of Criminal Procedure; or
211	211	(B) other independent documentary evidence
212	212	necessary to show that the individual, the individual's child, or
213	213	another person in the individual's household is a victim of sexual
214	214	assault or abuse, stalking, or trafficking of persons;
215	215	(8) a participant in the address confidentiality
216	216	program administered by the attorney general under Subchapter B,
217	217	Chapter 58, Code of Criminal Procedure, who provides proof of
218	218	certification under Article 58.059, Code of Criminal Procedure;
219	219	(9) a federal judge, a federal bankruptcy judge, a
220	220	marshal of the United States Marshals Service, a state judge, or a
221	221	family member of a federal judge, a federal bankruptcy judge, a
222	222	marshal of the United States Marshals Service, or a state judge;
223	223	(10) a current or former district attorney, criminal
224	224	district attorney, or county or municipal attorney whose
225	225	jurisdiction includes any criminal law or child protective services
226	226	matters;
227	227	(11) a current or former employee of a district
228	228	attorney, criminal district attorney, or county or municipal
229	229	attorney whose jurisdiction includes any criminal law or child
230	230	protective services matters;
231	231	(12) an officer or employee of a community supervision
232	232	and corrections department established under Chapter 76,
233	233	Government Code, who performs a duty described by Section 76.004(b)
234	234	of that code;
235	235	(13) a criminal investigator of the United States as
236	236	described by Article 2.122(a), Code of Criminal Procedure;
237	237	(14) a current or honorably retired police officer or
238	238	inspector of the United States Federal Protective Service;
239	239	(15) a current or former United States attorney,
240	240	assistant United States attorney, federal public defender, deputy
241	241	federal public defender, or assistant federal public defender and
242	242	the spouse and child of the attorney or public defender;
243	243	(16) a current or former employee of the office of the
244	244	attorney general who is or was assigned to a division of that office
245	245	the duties of which involve law enforcement;
246	246	(17) a medical examiner or person who performs
247	247	forensic analysis or testing who is employed by this state or one or
248	248	more political subdivisions of this state;
249	249	(18) a current or former member of the United States
250	250	armed forces who has served in an area that the president of the
251	251	United States by executive order designates for purposes of 26
252	252	U.S.C. Section 112 as an area in which armed forces of the United
253	253	States are or have engaged in combat;
254	254	(19) a current or former employee of the Texas
255	255	Juvenile Justice Department or of the predecessors in function of
256	256	the department;
257	257	(20) a current or former juvenile probation or
258	258	supervision officer certified by the Texas Juvenile Justice
259	259	Department, or the predecessors in function of the department,
260	260	under Title 12, Human Resources Code;
261	261	(21) a current or former employee of a juvenile
262	262	justice program or facility, as those terms are defined by Section
263	263	261.405, Family Code;
264	264	(22) a current or former employee of the Texas Civil
265	265	Commitment Office or the predecessor in function of the office or a
266	266	division of the office;
267	267	(23) a current or former employee of a federal judge or
268	268	state judge;
269	269	(24) a current or former child protective services
270	270	caseworker, adult protective services caseworker, or investigator
271	271	for the Department of Family and Protective Services or a current or
272	272	former employee of a department contractor performing child
273	273	protective services caseworker, adult protective services
274	274	caseworker, or investigator functions for the contractor on behalf
275	275	of the department;
276	276	(25) an elected public officer; [and]
277	277	(26) a firefighter or volunteer firefighter or
278	278	emergency medical services personnel as defined by Section 773.003,
279	279	Health and Safety Code; and
280	280	(27) a current or former administrative law judge for
281	281	the State Office of Administrative Hearings.
282	282	SECTION 4. The changes in law made by this Act apply only to
283	283	a request for information that is received by a governmental body or
284	284	an officer on or after the effective date of this Act. A request for
285	285	information that was received before the effective date of this Act
286	286	is governed by the law in effect on the date the request was
287	287	received, and the former law is continued in effect for that
288	288	purpose.
289	289	SECTION 5. This Act takes effect September 1, 2023.
290	290	______________________________ ______________________________
291	291	President of the Senate Speaker of the House
292	292	I hereby certify that S.B. No. 1431 passed the Senate on
293	293	April 20, 2023, by the following vote: Yeas 29, Nays 0.
294	294	______________________________
295	295	Secretary of the Senate
296	296	I hereby certify that S.B. No. 1431 passed the House on
297	297	May 24, 2023, by the following vote: Yeas 116, Nays 22,
298	298	one present not voting.
299	299	______________________________
300	300	Chief Clerk of the House
301	301	Approved:
302	302	______________________________
303	303	Date
304	304	______________________________
305	305	Governor