| 1 | 1 | | 89R13512 TJB-F |
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| 2 | 2 | | By: Darby H.B. No. 4136 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the availability of certain personal information of a |
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| 10 | 10 | | member of the governing board of an institution of higher |
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| 11 | 11 | | education, the chief executive officer of the institution, or the |
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| 12 | 12 | | chief executive officer of a university system. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 552.117(a), Government Code, is amended |
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| 15 | 15 | | to read as follows: |
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| 16 | 16 | | (a) Information is excepted from the requirements of |
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| 17 | 17 | | Section 552.021 if it is information that relates to the home |
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| 18 | 18 | | address, home telephone number, emergency contact information, or |
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| 19 | 19 | | social security number of the following person or that reveals |
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| 20 | 20 | | whether the person has family members: |
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| 21 | 21 | | (1) a current or former official or employee of a |
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| 22 | 22 | | governmental body, except as otherwise provided by Section 552.024; |
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| 23 | 23 | | (2) a current or honorably retired peace officer as |
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| 24 | 24 | | defined by Article 2A.001, Code of Criminal Procedure, or a current |
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| 25 | 25 | | or honorably retired security officer commissioned under Section |
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| 26 | 26 | | 51.212, Education Code, regardless of whether the officer complies |
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| 27 | 27 | | with Section 552.024 or 552.1175, as applicable; |
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| 28 | 28 | | (3) a current or former employee of the Texas |
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| 29 | 29 | | Department of Criminal Justice or of the predecessor in function of |
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| 30 | 30 | | the department or any division of the department, regardless of |
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| 31 | 31 | | whether the current or former employee complies with Section |
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| 32 | 32 | | 552.1175; |
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| 33 | 33 | | (4) a peace officer as defined by Article 2A.001, Code |
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| 34 | 34 | | of Criminal Procedure, or other law, a reserve law enforcement |
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| 35 | 35 | | officer, a commissioned deputy game warden, or a corrections |
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| 36 | 36 | | officer in a municipal, county, or state penal institution in this |
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| 37 | 37 | | state who was killed in the line of duty, regardless of whether the |
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| 38 | 38 | | deceased complied with Section 552.024 or 552.1175; |
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| 39 | 39 | | (5) a commissioned security officer as defined by |
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| 40 | 40 | | Section 1702.002, Occupations Code, regardless of whether the |
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| 41 | 41 | | officer complies with Section 552.024 or 552.1175, as applicable; |
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| 42 | 42 | | (6) an officer or employee of a community supervision |
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| 43 | 43 | | and corrections department established under Chapter 76 who |
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| 44 | 44 | | performs a duty described by Section 76.004(b), regardless of |
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| 45 | 45 | | whether the officer or employee complies with Section 552.024 or |
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| 46 | 46 | | 552.1175; |
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| 47 | 47 | | (7) a current or former employee of the office of the |
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| 48 | 48 | | attorney general who is or was assigned to a division of that office |
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| 49 | 49 | | the duties of which involve law enforcement or are performed under |
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| 50 | 50 | | Chapter 231, Family Code, regardless of whether the current or |
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| 51 | 51 | | former employee complies with Section 552.024 or 552.1175; |
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| 52 | 52 | | (8) a current or former employee of the Texas Juvenile |
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| 53 | 53 | | Justice Department or of the predecessors in function of the |
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| 54 | 54 | | department, regardless of whether the current or former employee |
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| 55 | 55 | | complies with Section 552.024 or 552.1175; |
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| 56 | 56 | | (9) a current or former juvenile probation or |
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| 57 | 57 | | supervision officer certified by the Texas Juvenile Justice |
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| 58 | 58 | | Department, or the predecessors in function of the department, |
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| 59 | 59 | | under Title 12, Human Resources Code, regardless of whether the |
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| 60 | 60 | | current or former officer complies with Section 552.024 or |
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| 61 | 61 | | 552.1175; |
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| 62 | 62 | | (10) a current or former employee of a juvenile |
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| 63 | 63 | | justice program or facility, as those terms are defined by Section |
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| 64 | 64 | | 261.405, Family Code, regardless of whether the current or former |
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| 65 | 65 | | employee complies with Section 552.024 or 552.1175; |
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| 66 | 66 | | (11) a current or former member of the United States |
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| 67 | 67 | | Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary |
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| 68 | 68 | | service of one of those branches of the armed forces, or the Texas |
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| 69 | 69 | | military forces, as that term is defined by Section 437.001; |
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| 70 | 70 | | (12) a current or former district attorney, criminal |
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| 71 | 71 | | district attorney, or county or municipal attorney whose |
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| 72 | 72 | | jurisdiction includes any criminal law or child protective services |
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| 73 | 73 | | matters, regardless of whether the current or former attorney |
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| 74 | 74 | | complies with Section 552.024 or 552.1175; |
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| 75 | 75 | | (13) a current or former employee of a district |
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| 76 | 76 | | attorney, criminal district attorney, or county or municipal |
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| 77 | 77 | | attorney whose jurisdiction includes any criminal law or child |
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| 78 | 78 | | protective services matters, regardless of whether the current or |
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| 79 | 79 | | former employee complies with Section 552.024 or 552.1175; |
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| 80 | 80 | | (14) a current or former employee of the Texas Civil |
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| 81 | 81 | | Commitment Office or of the predecessor in function of the office or |
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| 82 | 82 | | a division of the office, regardless of whether the current or |
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| 83 | 83 | | former employee complies with Section 552.024 or 552.1175; |
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| 84 | 84 | | (15) a current or former federal judge or state judge, |
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| 85 | 85 | | as those terms are defined by Section 1.005, Election Code, a |
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| 86 | 86 | | federal bankruptcy judge, a marshal of the United States Marshals |
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| 87 | 87 | | Service, a United States attorney, or a family member of a current |
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| 88 | 88 | | or former federal judge, including a federal bankruptcy judge, a |
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| 89 | 89 | | marshal of the United States Marshals Service, a United States |
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| 90 | 90 | | attorney, or a state judge; |
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| 91 | 91 | | (16) a current or former child protective services |
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| 92 | 92 | | caseworker, adult protective services caseworker, or investigator |
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| 93 | 93 | | for the Department of Family and Protective Services, regardless of |
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| 94 | 94 | | whether the caseworker or investigator complies with Section |
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| 95 | 95 | | 552.024 or 552.1175, or a current or former employee of a department |
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| 96 | 96 | | contractor performing child protective services caseworker, adult |
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| 97 | 97 | | protective services caseworker, or investigator functions for the |
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| 98 | 98 | | contractor on behalf of the department; |
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| 99 | 99 | | (17) an elected public officer, regardless of whether |
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| 100 | 100 | | the officer complies with Section 552.024 or 552.1175; |
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| 101 | 101 | | (18) a current or former United States attorney, |
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| 102 | 102 | | assistant United States attorney, federal public defender, deputy |
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| 103 | 103 | | federal public defender, or assistant federal public defender and |
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| 104 | 104 | | the spouse or child of the current or former attorney or public |
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| 105 | 105 | | defender, regardless of whether the person complies with Section |
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| 106 | 106 | | 552.024 or 552.1175; [or] |
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| 107 | 107 | | (19) a firefighter or volunteer firefighter or |
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| 108 | 108 | | emergency medical services personnel as defined by Section 773.003, |
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| 109 | 109 | | Health and Safety Code, regardless of whether the firefighter or |
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| 110 | 110 | | volunteer firefighter or emergency medical services personnel |
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| 111 | 111 | | comply with Section 552.024 or 552.1175, as applicable; |
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| 112 | 112 | | (20) a member of the governing board of an institution |
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| 113 | 113 | | of higher education or a private or independent institution of |
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| 114 | 114 | | higher education, as those terms are defined by Section 61.003, |
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| 115 | 115 | | Education Code; |
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| 116 | 116 | | (21) the chancellor or other chief executive officer |
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| 117 | 117 | | of a university system, as defined by Section 61.003, Education |
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| 118 | 118 | | Code; or |
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| 119 | 119 | | (22) the president or other chief executive officer of |
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| 120 | 120 | | an institution of higher education or a private or independent |
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| 121 | 121 | | institution of higher education, as those terms are defined by |
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| 122 | 122 | | Section 61.003, Education Code. |
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| 123 | 123 | | SECTION 2. Section 552.1175(a), Government Code, is amended |
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| 124 | 124 | | to read as follows: |
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| 125 | 125 | | (a) This section applies only to: |
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| 126 | 126 | | (1) current or honorably retired peace officers as |
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| 127 | 127 | | defined by Article 2A.001, Code of Criminal Procedure, or special |
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| 128 | 128 | | investigators as described by Article 2A.002, Code of Criminal |
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| 129 | 129 | | Procedure; |
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| 130 | 130 | | (2) current or honorably retired county jailers as |
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| 131 | 131 | | defined by Section 1701.001, Occupations Code; |
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| 132 | 132 | | (3) current or former employees of the Texas |
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| 133 | 133 | | Department of Criminal Justice or of the predecessor in function of |
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| 134 | 134 | | the department or any division of the department; |
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| 135 | 135 | | (4) commissioned security officers as defined by |
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| 136 | 136 | | Section 1702.002, Occupations Code; |
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| 137 | 137 | | (5) a current or former district attorney, criminal |
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| 138 | 138 | | district attorney, or county or municipal attorney whose |
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| 139 | 139 | | jurisdiction includes any criminal law or child protective services |
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| 140 | 140 | | matters; |
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| 141 | 141 | | (5-a) a current or former employee of a district |
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| 142 | 142 | | attorney, criminal district attorney, or county or municipal |
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| 143 | 143 | | attorney whose jurisdiction includes any criminal law or child |
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| 144 | 144 | | protective services matters; |
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| 145 | 145 | | (6) officers and employees of a community supervision |
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| 146 | 146 | | and corrections department established under Chapter 76 who perform |
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| 147 | 147 | | a duty described by Section 76.004(b); |
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| 148 | 148 | | (7) criminal investigators of the United States as |
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| 149 | 149 | | described by Article 2A.002(a), Code of Criminal Procedure; |
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| 150 | 150 | | (8) current or honorably retired police officers and |
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| 151 | 151 | | inspectors of the United States Federal Protective Service; |
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| 152 | 152 | | (9) current and former employees of the office of the |
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| 153 | 153 | | attorney general who are or were assigned to a division of that |
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| 154 | 154 | | office the duties of which involve law enforcement or are performed |
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| 155 | 155 | | under Chapter 231, Family Code; |
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| 156 | 156 | | (10) current or former juvenile probation and |
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| 157 | 157 | | detention officers certified by the Texas Juvenile Justice |
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| 158 | 158 | | Department, or the predecessors in function of the department, |
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| 159 | 159 | | under Title 12, Human Resources Code; |
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| 160 | 160 | | (11) current or former employees of a juvenile justice |
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| 161 | 161 | | program or facility, as those terms are defined by Section 261.405, |
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| 162 | 162 | | Family Code; |
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| 163 | 163 | | (12) current or former employees of the Texas Juvenile |
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| 164 | 164 | | Justice Department or the predecessors in function of the |
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| 165 | 165 | | department; |
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| 166 | 166 | | (13) federal judges and state judges as defined by |
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| 167 | 167 | | Section 1.005, Election Code; |
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| 168 | 168 | | (14) current or former employees of the Texas Civil |
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| 169 | 169 | | Commitment Office or of the predecessor in function of the office or |
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| 170 | 170 | | a division of the office; |
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| 171 | 171 | | (15) a current or former member of the United States |
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| 172 | 172 | | Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary |
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| 173 | 173 | | service of one of those branches of the armed forces, or the Texas |
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| 174 | 174 | | military forces, as that term is defined by Section 437.001; |
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| 175 | 175 | | (16) a current or former child protective services |
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| 176 | 176 | | caseworker, adult protective services caseworker, or investigator |
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| 177 | 177 | | for the Department of Family and Protective Services or a current or |
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| 178 | 178 | | former employee of a department contractor performing child |
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| 179 | 179 | | protective services caseworker, adult protective services |
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| 180 | 180 | | caseworker, or investigator functions for the contractor on behalf |
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| 181 | 181 | | of the department; |
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| 182 | 182 | | (17) an elected public officer; |
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| 183 | 183 | | (18) a firefighter or volunteer firefighter or |
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| 184 | 184 | | emergency medical services personnel as defined by Section 773.003, |
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| 185 | 185 | | Health and Safety Code; [and] |
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| 186 | 186 | | (19) a current or former United States attorney, |
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| 187 | 187 | | assistant United States attorney, federal public defender, deputy |
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| 188 | 188 | | federal public defender, or assistant federal public defender; |
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| 189 | 189 | | (20) a member of the governing board of an institution |
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| 190 | 190 | | of higher education or a private or independent institution of |
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| 191 | 191 | | higher education, as those terms are defined by Section 61.003, |
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| 192 | 192 | | Education Code; |
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| 193 | 193 | | (21) the chancellor or other chief executive officer |
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| 194 | 194 | | of a university system, as defined by Section 61.003, Education |
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| 195 | 195 | | Code; and |
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| 196 | 196 | | (22) the president or other chief executive officer of |
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| 197 | 197 | | an institution of higher education or a private or independent |
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| 198 | 198 | | institution of higher education, as those terms are defined by |
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| 199 | 199 | | Section 61.003, Education Code. |
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| 200 | 200 | | SECTION 3. Section 25.025(a), Tax Code, as amended by |
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| 201 | 201 | | Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B. |
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| 202 | 202 | | 4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular |
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| 203 | 203 | | Session, 2023, is reenacted and amended to read as follows: |
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| 204 | 204 | | (a) This section applies only to: |
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| 205 | 205 | | (1) a current or former peace officer as defined by |
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| 206 | 206 | | Article 2A.001, Code of Criminal Procedure, and the spouse or |
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| 207 | 207 | | surviving spouse of the peace officer; |
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| 208 | 208 | | (2) the adult child of a current peace officer as |
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| 209 | 209 | | defined by Article 2A.001, Code of Criminal Procedure; |
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| 210 | 210 | | (3) a current or honorably retired county jailer as |
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| 211 | 211 | | defined by Section 1701.001, Occupations Code; |
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| 212 | 212 | | (4) an employee of the Texas Department of Criminal |
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| 213 | 213 | | Justice; |
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| 214 | 214 | | (5) a commissioned security officer as defined by |
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| 215 | 215 | | Section 1702.002, Occupations Code; |
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| 216 | 216 | | (6) an individual who shows that the individual, the |
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| 217 | 217 | | individual's child, or another person in the individual's household |
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| 218 | 218 | | is a victim of family violence as defined by Section 71.004, Family |
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| 219 | 219 | | Code, by providing: |
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| 220 | 220 | | (A) a copy of a protective order issued under |
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| 221 | 221 | | Chapter 85, Family Code, or a magistrate's order for emergency |
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| 222 | 222 | | protection issued under Article 17.292, Code of Criminal Procedure; |
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| 223 | 223 | | or |
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| 224 | 224 | | (B) other independent documentary evidence |
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| 225 | 225 | | necessary to show that the individual, the individual's child, or |
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| 226 | 226 | | another person in the individual's household is a victim of family |
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| 227 | 227 | | violence; |
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| 228 | 228 | | (7) an individual who shows that the individual, the |
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| 229 | 229 | | individual's child, or another person in the individual's household |
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| 230 | 230 | | is a victim of sexual assault or abuse, stalking, or trafficking of |
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| 231 | 231 | | persons by providing: |
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| 232 | 232 | | (A) a copy of a protective order issued under |
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| 233 | 233 | | Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a |
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| 234 | 234 | | magistrate's order for emergency protection issued under Article |
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| 235 | 235 | | 17.292, Code of Criminal Procedure; or |
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| 236 | 236 | | (B) other independent documentary evidence |
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| 237 | 237 | | necessary to show that the individual, the individual's child, or |
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| 238 | 238 | | another person in the individual's household is a victim of sexual |
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| 239 | 239 | | assault or abuse, stalking, or trafficking of persons; |
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| 240 | 240 | | (8) a participant in the address confidentiality |
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| 241 | 241 | | program administered by the attorney general under Subchapter B, |
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| 242 | 242 | | Chapter 58, Code of Criminal Procedure, who provides proof of |
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| 243 | 243 | | certification under Article 58.059, Code of Criminal Procedure; |
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| 244 | 244 | | (9) a federal judge, a federal bankruptcy judge, a |
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| 245 | 245 | | marshal of the United States Marshals Service, a state judge, or a |
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| 246 | 246 | | family member of a federal judge, a federal bankruptcy judge, a |
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| 247 | 247 | | marshal of the United States Marshals Service, or a state judge; |
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| 248 | 248 | | (10) a current or former district attorney, criminal |
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| 249 | 249 | | district attorney, or county or municipal attorney whose |
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| 250 | 250 | | jurisdiction includes any criminal law or child protective services |
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| 251 | 251 | | matters; |
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| 252 | 252 | | (11) a current or former employee of a district |
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| 253 | 253 | | attorney, criminal district attorney, or county or municipal |
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| 254 | 254 | | attorney whose jurisdiction includes any criminal law or child |
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| 255 | 255 | | protective services matters; |
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| 256 | 256 | | (12) an officer or employee of a community supervision |
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| 257 | 257 | | and corrections department established under Chapter 76, |
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| 258 | 258 | | Government Code, who performs a duty described by Section 76.004(b) |
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| 259 | 259 | | of that code; |
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| 260 | 260 | | (13) a criminal investigator of the United States as |
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| 261 | 261 | | described by Article 2A.002(a), Code of Criminal Procedure; |
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| 262 | 262 | | (14) a current or honorably retired police officer or |
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| 263 | 263 | | inspector of the United States Federal Protective Service; |
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| 264 | 264 | | (15) a current or former United States attorney, |
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| 265 | 265 | | assistant United States attorney, federal public defender, deputy |
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| 266 | 266 | | federal public defender, or assistant federal public defender and |
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| 267 | 267 | | the spouse and child of the attorney or public defender; |
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| 268 | 268 | | (16) a current or former employee of the office of the |
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| 269 | 269 | | attorney general who is or was assigned to a division of that office |
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| 270 | 270 | | the duties of which involve law enforcement or are performed under |
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| 271 | 271 | | Chapter 231, Family Code; |
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| 272 | 272 | | (17) a medical examiner or person who performs |
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| 273 | 273 | | forensic analysis or testing who is employed by this state or one or |
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| 274 | 274 | | more political subdivisions of this state; |
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| 275 | 275 | | (18) a current or former member of the United States |
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| 276 | 276 | | armed forces who has served in an area that the president of the |
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| 277 | 277 | | United States by executive order designates for purposes of 26 |
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| 278 | 278 | | U.S.C. Section 112 as an area in which armed forces of the United |
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| 279 | 279 | | States are or have engaged in combat; |
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| 280 | 280 | | (19) a current or former employee of the Texas |
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| 281 | 281 | | Juvenile Justice Department or of the predecessors in function of |
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| 282 | 282 | | the department; |
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| 283 | 283 | | (20) a current or former juvenile probation or |
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| 284 | 284 | | supervision officer certified by the Texas Juvenile Justice |
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| 285 | 285 | | Department, or the predecessors in function of the department, |
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| 286 | 286 | | under Title 12, Human Resources Code; |
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| 287 | 287 | | (21) a current or former employee of a juvenile |
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| 288 | 288 | | justice program or facility, as those terms are defined by Section |
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| 289 | 289 | | 261.405, Family Code; |
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| 290 | 290 | | (22) a current or former employee of the Texas Civil |
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| 291 | 291 | | Commitment Office or the predecessor in function of the office or a |
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| 292 | 292 | | division of the office; |
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| 293 | 293 | | (23) a current or former employee of a federal judge or |
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| 294 | 294 | | state judge; |
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| 295 | 295 | | (24) a current or former child protective services |
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| 296 | 296 | | caseworker, adult protective services caseworker, or investigator |
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| 297 | 297 | | for the Department of Family and Protective Services or a current or |
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| 298 | 298 | | former employee of a department contractor performing child |
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| 299 | 299 | | protective services caseworker, adult protective services |
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| 300 | 300 | | caseworker, or investigator functions for the contractor on behalf |
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| 301 | 301 | | of the department; |
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| 302 | 302 | | (25) an elected public officer; |
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| 303 | 303 | | (26) a firefighter or volunteer firefighter or |
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| 304 | 304 | | emergency medical services personnel as defined by Section 773.003, |
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| 305 | 305 | | Health and Safety Code; |
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| 306 | 306 | | (27) a customs and border protection officer or border |
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| 307 | 307 | | patrol agent of United States Customs and Border Protection or the |
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| 308 | 308 | | spouse, surviving spouse, or adult child of a customs and border |
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| 309 | 309 | | protection officer or border patrol agent; |
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| 310 | 310 | | (28) [(27) a current or former attorney for the |
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| 311 | 311 | | Department of Family and Protective Services |
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| 312 | 312 | | [(27)] a current or former employee or contract staff |
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| 313 | 313 | | member of a university health care provider at a corrections |
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| 314 | 314 | | facility operated by the Texas Department of Criminal Justice or |
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| 315 | 315 | | the Texas Juvenile Justice Department; [and] |
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| 316 | 316 | | (29) [(28)] a current or former attorney for the |
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| 317 | 317 | | Department of Family and Protective Services; |
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| 318 | 318 | | (30) a member of the governing board of an institution |
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| 319 | 319 | | of higher education or a private or independent institution of |
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| 320 | 320 | | higher education, as those terms are defined by Section 61.003, |
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| 321 | 321 | | Education Code; |
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| 322 | 322 | | (31) the chancellor or other chief executive officer |
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| 323 | 323 | | of a university system, as defined by Section 61.003, Education |
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| 324 | 324 | | Code; and |
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| 325 | 325 | | (32) the president or other chief executive officer of |
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| 326 | 326 | | an institution of higher education or a private or independent |
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| 327 | 327 | | institution of higher education, as those terms are defined by |
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| 328 | 328 | | Section 61.003, Education Code. |
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| 329 | 329 | | SECTION 4. To the extent of any conflict, this Act prevails |
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| 330 | 330 | | over another Act of the 89th Legislature, Regular Session, 2025, |
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| 331 | 331 | | relating to nonsubstantive additions to and corrections in enacted |
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| 332 | 332 | | codes. |
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| 333 | 333 | | SECTION 5. The changes in law made by this Act apply only to |
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| 334 | 334 | | a request for information that is received by a governmental body or |
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| 335 | 335 | | an officer on or after the effective date of this Act. |
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| 336 | 336 | | SECTION 6. This Act takes effect September 1, 2025. |
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