Texas 2025 - 89th Regular

Texas Senate Bill SB1749 Compare Versions

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11 89R11212 JTZ-D
22 By: Creighton S.B. No. 1749
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the confidentiality of certain information for
1010 employees of a county, a court, or the Office of Court
1111 Administration of the Texas Judicial System and the employees'
1212 family members.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. The heading to Section 13.0021, Election Code,
1515 is amended to read as follows:
1616 Sec. 13.0021. ADDITIONAL REGISTRATION INFORMATION FROM
1717 CERTAIN FEDERAL AND STATE JUDGES, FEDERAL OFFICIALS, CLERKS,
1818 GOVERNMENTAL EMPLOYEES, AND FAMILY MEMBERS.
1919 SECTION 2. Section 13.0021(b), Election Code, is amended to
2020 read as follows:
2121 (b) The registrar of the county shall omit from the
2222 registration list the residence address for a [If the] registration
2323 applicant who is:
2424 (1) a federal judge, including a federal bankruptcy
2525 judge;
2626 (2) [,] a state judge;
2727 (3) [,] a marshal of the United States Marshals
2828 Service;
2929 (4) [,] a United States attorney;
3030 (5) a current or former county clerk, district clerk,
3131 or county and district clerk, or a current or former employee of the
3232 office of a county clerk, district clerk, or county and district
3333 clerk;
3434 (6) a current or former employee whose duties relate
3535 to court administration, including a court clerk, court
3636 coordinator, court administrator, law clerk, or staff attorney;
3737 (7) a current or former employee of the Office of Court
3838 Administration of the Texas Judicial System and entities
3939 administratively attached to the office;[,] or
4040 (8) a family member of a person listed in Subdivisions
4141 (1)-(7) [state judge, a federal judge, including a federal
4242 bankruptcy judge, a marshal of the United States Marshals Service,
4343 or a United States attorney, the registrar of the county shall omit
4444 the applicant's residence address from the registration list].
4545 SECTION 3. Section 72.016, Government Code, is amended to
4646 read as follows:
4747 Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY.
4848 The director shall develop a procedure to regularly notify county
4949 registrars, the Department of Public Safety, the Texas Ethics
5050 Commission, and any other state or local government agency the
5151 office determines should be notified of the judges, judges'
5252 spouses, employees of the Office of Court Administration of the
5353 Texas Judicial System and entities administratively attached to the
5454 office, and related family members whose personal information must
5555 be kept from public records, as provided under Sections 552.117 and
5656 572.035 of this code, Sections 13.0021 and 15.0215, Election Code,
5757 Section 25.025, Tax Code, and Section 521.121, Transportation Code.
5858 SECTION 4. Section 552.117, Government Code, is amended by
5959 amending Subsections (a) and (b) and adding Subsection (b-1) to
6060 read as follows:
6161 (a) Information is excepted from the requirements of
6262 Section 552.021 if it is information that relates to the home
6363 address, home telephone number, emergency contact information, or
6464 social security number of the following person or that reveals
6565 whether the person has family members:
6666 (1) a current or former official or employee of a
6767 governmental body, except as otherwise provided by Section 552.024;
6868 (2) a current or honorably retired peace officer as
6969 defined by Article 2A.001, Code of Criminal Procedure, or a current
7070 or honorably retired security officer commissioned under Section
7171 51.212, Education Code, regardless of whether the officer complies
7272 with Section 552.024 or 552.1175, as applicable;
7373 (3) a current or former employee of the Texas
7474 Department of Criminal Justice or of the predecessor in function of
7575 the department or any division of the department, regardless of
7676 whether the current or former employee complies with Section
7777 552.1175;
7878 (4) a peace officer as defined by Article 2A.001, Code
7979 of Criminal Procedure, or other law, a reserve law enforcement
8080 officer, a commissioned deputy game warden, or a corrections
8181 officer in a municipal, county, or state penal institution in this
8282 state who was killed in the line of duty, regardless of whether the
8383 deceased complied with Section 552.024 or 552.1175;
8484 (5) a commissioned security officer as defined by
8585 Section 1702.002, Occupations Code, regardless of whether the
8686 officer complies with Section 552.024 or 552.1175, as applicable;
8787 (6) an officer or employee of a community supervision
8888 and corrections department established under Chapter 76 who
8989 performs a duty described by Section 76.004(b), regardless of
9090 whether the officer or employee complies with Section 552.024 or
9191 552.1175;
9292 (7) a current or former employee of the office of the
9393 attorney general who is or was assigned to a division of that office
9494 the duties of which involve law enforcement or are performed under
9595 Chapter 231, Family Code, regardless of whether the current or
9696 former employee complies with Section 552.024 or 552.1175;
9797 (8) a current or former employee of the Texas Juvenile
9898 Justice Department or of the predecessors in function of the
9999 department, regardless of whether the current or former employee
100100 complies with Section 552.024 or 552.1175;
101101 (9) a current or former juvenile probation or
102102 supervision officer certified by the Texas Juvenile Justice
103103 Department, or the predecessors in function of the department,
104104 under Title 12, Human Resources Code, regardless of whether the
105105 current or former officer complies with Section 552.024 or
106106 552.1175;
107107 (10) a current or former employee of a juvenile
108108 justice program or facility, as those terms are defined by Section
109109 261.405, Family Code, regardless of whether the current or former
110110 employee complies with Section 552.024 or 552.1175;
111111 (11) a current or former member of the United States
112112 Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
113113 service of one of those branches of the armed forces, or the Texas
114114 military forces, as that term is defined by Section 437.001;
115115 (12) a current or former district attorney, criminal
116116 district attorney, or county or municipal attorney whose
117117 jurisdiction includes any criminal law or child protective services
118118 matters, regardless of whether the current or former attorney
119119 complies with Section 552.024 or 552.1175;
120120 (13) a current or former employee of a district
121121 attorney, criminal district attorney, or county or municipal
122122 attorney whose jurisdiction includes any criminal law or child
123123 protective services matters, regardless of whether the current or
124124 former employee complies with Section 552.024 or 552.1175;
125125 (14) a current or former employee of the Texas Civil
126126 Commitment Office or of the predecessor in function of the office or
127127 a division of the office, regardless of whether the current or
128128 former employee complies with Section 552.024 or 552.1175;
129129 (15) a current or former federal judge or state judge,
130130 as those terms are defined by Section 1.005, Election Code, a
131131 federal bankruptcy judge, a marshal of the United States Marshals
132132 Service, a United States attorney, or a family member of a current
133133 or former federal judge, including a federal bankruptcy judge, a
134134 marshal of the United States Marshals Service, a United States
135135 attorney, or a state judge;
136136 (16) a current or former child protective services
137137 caseworker, adult protective services caseworker, or investigator
138138 for the Department of Family and Protective Services, regardless of
139139 whether the caseworker or investigator complies with Section
140140 552.024 or 552.1175, or a current or former employee of a department
141141 contractor performing child protective services caseworker, adult
142142 protective services caseworker, or investigator functions for the
143143 contractor on behalf of the department;
144144 (17) an elected public officer, regardless of whether
145145 the officer complies with Section 552.024 or 552.1175;
146146 (18) a current or former United States attorney,
147147 assistant United States attorney, federal public defender, deputy
148148 federal public defender, or assistant federal public defender and
149149 the spouse or child of the current or former attorney or public
150150 defender, regardless of whether the person complies with Section
151151 552.024 or 552.1175; [or]
152152 (19) a firefighter or volunteer firefighter or
153153 emergency medical services personnel as defined by Section 773.003,
154154 Health and Safety Code, regardless of whether the firefighter or
155155 volunteer firefighter or emergency medical services personnel
156156 comply with Section 552.024 or 552.1175, as applicable;
157157 (20) a current or former county clerk, district clerk,
158158 or county and district clerk, or a current or former employee of the
159159 office of a county clerk, district clerk, or county and district
160160 clerk, regardless of whether the current or former clerk or
161161 employee complies with Section 552.024 or 552.1175;
162162 (21) a current or former employee whose duties relate
163163 to court administration, including a court clerk, court
164164 coordinator, court administrator, law clerk, or staff attorney,
165165 regardless of whether the employee complies with Section 552.024 or
166166 552.1175; or
167167 (22) a current or former employee of the Office of
168168 Court Administration of the Texas Judicial System and entities
169169 administratively attached to the office, regardless of whether the
170170 employee complies with Section 552.024 or 552.1175.
171171 (b) Except as provided by Subsection (b-1), all [All]
172172 documents filed with a county clerk and all documents filed with a
173173 district clerk are exempt from this section.
174174 (b-1) A county clerk or district clerk on request of a
175175 person to whom this section applies shall redact information
176176 described by Subsection (a) that relates to the person from any
177177 document the clerk posts on an Internet website.
178178 SECTION 5. Section 552.1175, Government Code, is amended by
179179 amending Subsections (a) and (e) and adding Subsection (e-1) to
180180 read as follows:
181181 (a) This section applies only to:
182182 (1) current or honorably retired peace officers as
183183 defined by Article 2A.001, Code of Criminal Procedure, or special
184184 investigators as described by Article 2A.002, Code of Criminal
185185 Procedure;
186186 (2) current or honorably retired county jailers as
187187 defined by Section 1701.001, Occupations Code;
188188 (3) current or former employees of the Texas
189189 Department of Criminal Justice or of the predecessor in function of
190190 the department or any division of the department;
191191 (4) commissioned security officers as defined by
192192 Section 1702.002, Occupations Code;
193193 (5) a current or former district attorney, criminal
194194 district attorney, or county or municipal attorney whose
195195 jurisdiction includes any criminal law or child protective services
196196 matters;
197197 (5-a) a current or former employee of a district
198198 attorney, criminal district attorney, or county or municipal
199199 attorney whose jurisdiction includes any criminal law or child
200200 protective services matters;
201201 (6) officers and employees of a community supervision
202202 and corrections department established under Chapter 76 who perform
203203 a duty described by Section 76.004(b);
204204 (7) criminal investigators of the United States as
205205 described by Article 2A.002(a), Code of Criminal Procedure;
206206 (8) current or honorably retired police officers and
207207 inspectors of the United States Federal Protective Service;
208208 (9) current and former employees of the office of the
209209 attorney general who are or were assigned to a division of that
210210 office the duties of which involve law enforcement or are performed
211211 under Chapter 231, Family Code;
212212 (10) current or former juvenile probation and
213213 detention officers certified by the Texas Juvenile Justice
214214 Department, or the predecessors in function of the department,
215215 under Title 12, Human Resources Code;
216216 (11) current or former employees of a juvenile justice
217217 program or facility, as those terms are defined by Section 261.405,
218218 Family Code;
219219 (12) current or former employees of the Texas Juvenile
220220 Justice Department or the predecessors in function of the
221221 department;
222222 (13) federal judges and state judges as defined by
223223 Section 1.005, Election Code;
224224 (14) current or former employees of the Texas Civil
225225 Commitment Office or of the predecessor in function of the office or
226226 a division of the office;
227227 (15) a current or former member of the United States
228228 Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
229229 service of one of those branches of the armed forces, or the Texas
230230 military forces, as that term is defined by Section 437.001;
231231 (16) a current or former child protective services
232232 caseworker, adult protective services caseworker, or investigator
233233 for the Department of Family and Protective Services or a current or
234234 former employee of a department contractor performing child
235235 protective services caseworker, adult protective services
236236 caseworker, or investigator functions for the contractor on behalf
237237 of the department;
238238 (17) an elected public officer;
239239 (18) a firefighter or volunteer firefighter or
240240 emergency medical services personnel as defined by Section 773.003,
241241 Health and Safety Code; [and]
242242 (19) a current or former United States attorney,
243243 assistant United States attorney, federal public defender, deputy
244244 federal public defender, or assistant federal public defender;
245245 (20) a current or former county clerk, district clerk,
246246 or county and district clerk, or a current or former employee of the
247247 office of a county clerk, district clerk, or county and district
248248 clerk;
249249 (21) a current or former employee whose duties relate
250250 to court administration, including a court clerk, court
251251 coordinator, court administrator, law clerk, or staff attorney; and
252252 (22) a current or former employee of the Office of
253253 Court Administration of the Texas Judicial System and entities
254254 administratively attached to the office.
255255 (e) Except as provided by Subsection (e-1), all [All]
256256 documents filed with a county clerk and all documents filed with a
257257 district clerk are exempt from this section.
258258 (e-1) A county clerk or district clerk on request of a
259259 person to whom this section applies shall redact information
260260 described by Subsection (b) that relates to the person from any
261261 document the clerk posts on an Internet website.
262262 SECTION 6. Section 25.025(a), Tax Code, as amended by
263263 Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B.
264264 4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular
265265 Session, 2023, is reenacted and further amended to read as follows:
266266 (a) This section applies only to:
267267 (1) a current or former peace officer as defined by
268268 Article 2A.001, Code of Criminal Procedure, and the spouse or
269269 surviving spouse of the peace officer;
270270 (2) the adult child of a current peace officer as
271271 defined by Article 2A.001, Code of Criminal Procedure;
272272 (3) a current or honorably retired county jailer as
273273 defined by Section 1701.001, Occupations Code;
274274 (4) an employee of the Texas Department of Criminal
275275 Justice;
276276 (5) a commissioned security officer as defined by
277277 Section 1702.002, Occupations Code;
278278 (6) an individual who shows that the individual, the
279279 individual's child, or another person in the individual's household
280280 is a victim of family violence as defined by Section 71.004, Family
281281 Code, by providing:
282282 (A) a copy of a protective order issued under
283283 Chapter 85, Family Code, or a magistrate's order for emergency
284284 protection issued under Article 17.292, Code of Criminal Procedure;
285285 or
286286 (B) other independent documentary evidence
287287 necessary to show that the individual, the individual's child, or
288288 another person in the individual's household is a victim of family
289289 violence;
290290 (7) an individual who shows that the individual, the
291291 individual's child, or another person in the individual's household
292292 is a victim of sexual assault or abuse, stalking, or trafficking of
293293 persons by providing:
294294 (A) a copy of a protective order issued under
295295 Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
296296 magistrate's order for emergency protection issued under Article
297297 17.292, Code of Criminal Procedure; or
298298 (B) other independent documentary evidence
299299 necessary to show that the individual, the individual's child, or
300300 another person in the individual's household is a victim of sexual
301301 assault or abuse, stalking, or trafficking of persons;
302302 (8) a participant in the address confidentiality
303303 program administered by the attorney general under Subchapter B,
304304 Chapter 58, Code of Criminal Procedure, who provides proof of
305305 certification under Article 58.059, Code of Criminal Procedure;
306306 (9) a federal judge, a federal bankruptcy judge, a
307307 marshal of the United States Marshals Service, a state judge, or a
308308 family member of a federal judge, a federal bankruptcy judge, a
309309 marshal of the United States Marshals Service, or a state judge;
310310 (10) a current or former district attorney, criminal
311311 district attorney, or county or municipal attorney whose
312312 jurisdiction includes any criminal law or child protective services
313313 matters;
314314 (11) a current or former employee of a district
315315 attorney, criminal district attorney, or county or municipal
316316 attorney whose jurisdiction includes any criminal law or child
317317 protective services matters;
318318 (12) an officer or employee of a community supervision
319319 and corrections department established under Chapter 76,
320320 Government Code, who performs a duty described by Section 76.004(b)
321321 of that code;
322322 (13) a criminal investigator of the United States as
323323 described by Article 2A.002(a), Code of Criminal Procedure;
324324 (14) a current or honorably retired police officer or
325325 inspector of the United States Federal Protective Service;
326326 (15) a current or former United States attorney,
327327 assistant United States attorney, federal public defender, deputy
328328 federal public defender, or assistant federal public defender and
329329 the spouse and child of the attorney or public defender;
330330 (16) a current or former employee of the office of the
331331 attorney general who is or was assigned to a division of that office
332332 the duties of which involve law enforcement or are performed under
333333 Chapter 231, Family Code;
334334 (17) a medical examiner or person who performs
335335 forensic analysis or testing who is employed by this state or one or
336336 more political subdivisions of this state;
337337 (18) a current or former member of the United States
338338 armed forces who has served in an area that the president of the
339339 United States by executive order designates for purposes of 26
340340 U.S.C. Section 112 as an area in which armed forces of the United
341341 States are or have engaged in combat;
342342 (19) a current or former employee of the Texas
343343 Juvenile Justice Department or of the predecessors in function of
344344 the department;
345345 (20) a current or former juvenile probation or
346346 supervision officer certified by the Texas Juvenile Justice
347347 Department, or the predecessors in function of the department,
348348 under Title 12, Human Resources Code;
349349 (21) a current or former employee of a juvenile
350350 justice program or facility, as those terms are defined by Section
351351 261.405, Family Code;
352352 (22) a current or former employee of the Texas Civil
353353 Commitment Office or the predecessor in function of the office or a
354354 division of the office;
355355 (23) a current or former employee of a federal judge or
356356 state judge;
357357 (24) a current or former child protective services
358358 caseworker, adult protective services caseworker, or investigator
359359 for the Department of Family and Protective Services or a current or
360360 former employee of a department contractor performing child
361361 protective services caseworker, adult protective services
362362 caseworker, or investigator functions for the contractor on behalf
363363 of the department;
364364 (25) an elected public officer;
365365 (26) a firefighter or volunteer firefighter or
366366 emergency medical services personnel as defined by Section 773.003,
367367 Health and Safety Code;
368368 (27) a customs and border protection officer or border
369369 patrol agent of United States Customs and Border Protection or the
370370 spouse, surviving spouse, or adult child of a customs and border
371371 protection officer or border patrol agent;
372372 (28) [(27) a current or former attorney for the
373373 Department of Family and Protective Services
374374 [(27)] a current or former employee or contract staff
375375 member of a university health care provider at a corrections
376376 facility operated by the Texas Department of Criminal Justice or
377377 the Texas Juvenile Justice Department;
378378 (29) [and
379379 [(28)] a current or former attorney for the Department
380380 of Family and Protective Services;
381381 (30) a current or former county clerk, district clerk,
382382 or county and district clerk, or a current or former employee of the
383383 office of a county clerk, district clerk, or county and district
384384 clerk;
385385 (31) a current or former employee whose duties relate
386386 to court administration, including a court clerk, court
387387 coordinator, court administrator, law clerk, or staff attorney; and
388388 (32) a current or former employee of the Office of
389389 Court Administration of the Texas Judicial System and entities
390390 administratively attached to the office.
391391 SECTION 7. Section 521.121, Transportation Code, is amended
392392 by amending Subsections (a) and (c) and adding Subsection (c-1) to
393393 read as follows:
394394 (a) The driver's license must include:
395395 (1) a distinguishing number assigned by the department
396396 to the license holder;
397397 (2) a photograph of the entire face of the holder;
398398 (3) the full name and date of birth of the holder;
399399 (4) a brief description of the holder; and
400400 (5) the license holder's residence address or, for a
401401 license holder using the procedure under Subsection (c):
402402 (A) [,] the street address of the courthouse in
403403 which the license holder or license holder's spouse or parent:
404404 (i) serves as a federal judge, including a
405405 federal bankruptcy judge, a marshal of the United States Marshals
406406 Service, a United States attorney, or a state judge; or
407407 (ii) performs duties related to court
408408 administration, including a court clerk, court coordinator, court
409409 administrator, law clerk, or staff attorney; or
410410 (B) the office address of the office in which the
411411 license holder or the license holder's spouse or parent performs
412412 duties as an employee of the office of a county clerk, district
413413 clerk, or county and district clerk, or of the Office of Court
414414 Administration of the Texas Judicial System and entities
415415 administratively attached to the office.
416416 (c) The department shall establish a procedure, on a license
417417 holder's qualification for or appointment to office as a federal or
418418 state judge as defined by Section 1.005, Election Code, or as a
419419 county clerk, district clerk, or county and district clerk, or as a
420420 federal bankruptcy judge, a marshal of the United States Marshals
421421 Service, [or] a United States attorney, or for a license holder
422422 whose duties relate to court administration, including a court
423423 clerk, court coordinator, court administrator, law clerk, or staff
424424 attorney, or as an employee of the office of a county clerk,
425425 district clerk, or county and district clerk, or of the Office of
426426 Court Administration of the Texas Judicial System and entities
427427 administratively attached to the office, to omit the residence
428428 address of the judge, [or] official, or employee and any family
429429 member of the judge, [or] official, or employee on the license
430430 holder's license and to print [include], in lieu of that address,
431431 the street address of the courthouse or office building in which the
432432 license holder or license holder's spouse or parent serves as a
433433 federal or state judge, [or] official, or employee.
434434 (c-1) The residence address of a license holder whose
435435 residence address is omitted using the procedure under Subsection
436436 (c) is confidential and is available only for the official use of
437437 the department or a law enforcement agency.
438438 SECTION 8. Not later than November 1, 2026, the Department
439439 of Public Safety shall:
440440 (1) review the department's processes for
441441 implementation of and compliance with Section 521.121,
442442 Transportation Code, as amended by this Act; and
443443 (2) submit to the governor, the lieutenant governor,
444444 the speaker of the house of representatives, each member of the
445445 legislature, and the Texas Judicial Council a written report
446446 containing the results of the review, a description of the methods
447447 used to prepare the review, and any recommendations for legislative
448448 or other action.
449449 SECTION 9. The changes in law made by this Act apply only to
450450 a request for information that is received by a governmental body or
451451 an officer on or after the effective date of this Act. A request for
452452 information that was received before the effective date of this Act
453453 is governed by the law in effect on the date the request was
454454 received, and the former law is continued in effect for that
455455 purpose.
456456 SECTION 10. To the extent of any conflict, this Act prevails
457457 over another Act of the 89th Legislature, Regular Session, 2025,
458458 relating to nonsubstantive additions to and corrections in enacted
459459 codes.
460460 SECTION 11. This Act takes effect September 1, 2025.