Texas 2025 - 89th Regular

Texas Senate Bill SB370 Compare Versions

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11 By: Perry S.B. No. 370
2-
3-
2+ (In the Senate - Filed November 14, 2024; February 3, 2025,
3+ read first time and referred to Committee on Business & Commerce;
4+ March 4, 2025, reported favorably by the following vote: Yeas 11,
5+ Nays 0; March 4, 2025, sent to printer.)
6+Click here to see the committee vote
47
58
69 A BILL TO BE ENTITLED
710 AN ACT
811 relating to the availability of certain personal information of a
912 child, spouse, or surviving spouse of a current or former employee
10- of the office of the attorney general or of a public defender's
11- office.
13+ of the office of the attorney general.
1214 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1315 SECTION 1. Sections 552.117(a) and (c), Government Code,
1416 are amended to read as follows:
1517 (a) Information is excepted from the requirements of
1618 Section 552.021 if it is information that relates to the home
1719 address, home telephone number, emergency contact information, or
1820 social security number of the following person or that reveals
1921 whether the person has family members:
2022 (1) a current or former official or employee of a
2123 governmental body, except as otherwise provided by Section 552.024;
2224 (2) a current or honorably retired peace officer as
2325 defined by Article 2A.001, Code of Criminal Procedure, or a current
2426 or honorably retired security officer commissioned under Section
2527 51.212, Education Code, regardless of whether the officer complies
2628 with Section 552.024 or 552.1175, as applicable;
2729 (3) a current or former employee of the Texas
2830 Department of Criminal Justice or of the predecessor in function of
2931 the department or any division of the department, regardless of
3032 whether the current or former employee complies with Section
3133 552.1175;
3234 (4) a peace officer as defined by Article 2A.001, Code
3335 of Criminal Procedure, or other law, a reserve law enforcement
3436 officer, a commissioned deputy game warden, or a corrections
3537 officer in a municipal, county, or state penal institution in this
3638 state who was killed in the line of duty, regardless of whether the
3739 deceased complied with Section 552.024 or 552.1175;
3840 (5) a commissioned security officer as defined by
3941 Section 1702.002, Occupations Code, regardless of whether the
4042 officer complies with Section 552.024 or 552.1175, as applicable;
4143 (6) an officer or employee of a community supervision
4244 and corrections department established under Chapter 76 who
4345 performs a duty described by Section 76.004(b), regardless of
4446 whether the officer or employee complies with Section 552.024 or
4547 552.1175;
4648 (7) a current or former employee of the office of the
4749 attorney general and a family member of the current or former
4850 employee [who is or was assigned to a division of that office the
4951 duties of which involve law enforcement or are performed under
5052 Chapter 231, Family Code], regardless of whether the person
5153 [current or former employee] complies with Section 552.024 or
5254 552.1175;
5355 (8) a current or former employee of the Texas Juvenile
5456 Justice Department or of the predecessors in function of the
5557 department, regardless of whether the current or former employee
5658 complies with Section 552.024 or 552.1175;
5759 (9) a current or former juvenile probation or
5860 supervision officer certified by the Texas Juvenile Justice
5961 Department, or the predecessors in function of the department,
6062 under Title 12, Human Resources Code, regardless of whether the
6163 current or former officer complies with Section 552.024 or
6264 552.1175;
6365 (10) a current or former employee of a juvenile
6466 justice program or facility, as those terms are defined by Section
6567 261.405, Family Code, regardless of whether the current or former
6668 employee complies with Section 552.024 or 552.1175;
6769 (11) a current or former member of the United States
6870 Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
6971 service of one of those branches of the armed forces, or the Texas
7072 military forces, as that term is defined by Section 437.001;
7173 (12) a current or former district attorney, criminal
7274 district attorney, or county or municipal attorney whose
7375 jurisdiction includes any criminal law or child protective services
7476 matters, regardless of whether the current or former attorney
7577 complies with Section 552.024 or 552.1175;
7678 (13) a current or former employee of a district
7779 attorney, criminal district attorney, or county or municipal
7880 attorney whose jurisdiction includes any criminal law or child
7981 protective services matters, regardless of whether the current or
8082 former employee complies with Section 552.024 or 552.1175;
8183 (14) a current or former employee of the Texas Civil
8284 Commitment Office or of the predecessor in function of the office or
8385 a division of the office, regardless of whether the current or
8486 former employee complies with Section 552.024 or 552.1175;
8587 (15) a current or former federal judge or state judge,
8688 as those terms are defined by Section 1.005, Election Code, a
8789 federal bankruptcy judge, a marshal of the United States Marshals
8890 Service, a United States attorney, or a family member of a current
8991 or former federal judge, including a federal bankruptcy judge, a
9092 marshal of the United States Marshals Service, a United States
9193 attorney, or a state judge;
9294 (16) a current or former child protective services
9395 caseworker, adult protective services caseworker, or investigator
9496 for the Department of Family and Protective Services, regardless of
9597 whether the caseworker or investigator complies with Section
9698 552.024 or 552.1175, or a current or former employee of a department
9799 contractor performing child protective services caseworker, adult
98100 protective services caseworker, or investigator functions for the
99101 contractor on behalf of the department;
100102 (17) an elected public officer, regardless of whether
101103 the officer complies with Section 552.024 or 552.1175;
102104 (18) a current or former United States attorney,
103105 assistant United States attorney, federal public defender, deputy
104106 federal public defender, or assistant federal public defender and
105107 the spouse or child of the current or former attorney or public
106108 defender, regardless of whether the person complies with Section
107- 552.024 or 552.1175; [or]
109+ 552.024 or 552.1175; or
108110 (19) a firefighter or volunteer firefighter or
109111 emergency medical services personnel as defined by Section 773.003,
110112 Health and Safety Code, regardless of whether the firefighter or
111113 volunteer firefighter or emergency medical services personnel
112- comply with Section 552.024 or 552.1175, as applicable; or
113- (20) a current or former employee of a public
114- defender's office as defined by Article 26.044(a), Code of Criminal
115- Procedure, regardless of whether the current or former employee
116- complies with Section 552.024 or 552.1175.
114+ comply with Section 552.024 or 552.1175, as applicable.
117115 (c) In this section, "family member" means a minor child,
118116 adult child, spouse, or surviving spouse [has the meaning assigned
119117 by Section 31.006, Finance Code].
120118 SECTION 2. Section 552.1175, Government Code, is amended by
121119 amending Subsections (a) and (f) and adding Subsections (b-1) and
122120 (i) to read as follows:
123121 (a) This section applies only to:
124122 (1) current or honorably retired peace officers as
125123 defined by Article 2A.001, Code of Criminal Procedure, or special
126124 investigators as described by Article 2A.002, Code of Criminal
127125 Procedure;
128126 (2) current or honorably retired county jailers as
129127 defined by Section 1701.001, Occupations Code;
130128 (3) current or former employees of the Texas
131129 Department of Criminal Justice or of the predecessor in function of
132130 the department or any division of the department;
133131 (4) commissioned security officers as defined by
134132 Section 1702.002, Occupations Code;
135133 (5) a current or former district attorney, criminal
136134 district attorney, or county or municipal attorney whose
137135 jurisdiction includes any criminal law or child protective services
138136 matters;
139137 (5-a) a current or former employee of a district
140138 attorney, criminal district attorney, or county or municipal
141139 attorney whose jurisdiction includes any criminal law or child
142140 protective services matters;
143141 (6) officers and employees of a community supervision
144142 and corrections department established under Chapter 76 who perform
145143 a duty described by Section 76.004(b);
146144 (7) criminal investigators of the United States as
147145 described by Article 2A.002(a), Code of Criminal Procedure;
148146 (8) current or honorably retired police officers and
149147 inspectors of the United States Federal Protective Service;
150148 (9) current or [and] former employees of the office of
151149 the attorney general and a family member of the current or former
152150 employee [who are or were assigned to a division of that office the
153151 duties of which involve law enforcement or are performed under
154152 Chapter 231, Family Code];
155153 (10) current or former juvenile probation and
156154 detention officers certified by the Texas Juvenile Justice
157155 Department, or the predecessors in function of the department,
158156 under Title 12, Human Resources Code;
159157 (11) current or former employees of a juvenile justice
160158 program or facility, as those terms are defined by Section 261.405,
161159 Family Code;
162160 (12) current or former employees of the Texas Juvenile
163161 Justice Department or the predecessors in function of the
164162 department;
165163 (13) federal judges and state judges as defined by
166164 Section 1.005, Election Code;
167165 (14) current or former employees of the Texas Civil
168166 Commitment Office or of the predecessor in function of the office or
169167 a division of the office;
170168 (15) a current or former member of the United States
171169 Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
172170 service of one of those branches of the armed forces, or the Texas
173171 military forces, as that term is defined by Section 437.001;
174172 (16) a current or former child protective services
175173 caseworker, adult protective services caseworker, or investigator
176174 for the Department of Family and Protective Services or a current or
177175 former employee of a department contractor performing child
178176 protective services caseworker, adult protective services
179177 caseworker, or investigator functions for the contractor on behalf
180178 of the department;
181179 (17) an elected public officer;
182180 (18) a firefighter or volunteer firefighter or
183181 emergency medical services personnel as defined by Section 773.003,
184- Health and Safety Code; [and]
182+ Health and Safety Code; and
185183 (19) a current or former United States attorney,
186184 assistant United States attorney, federal public defender, deputy
187- federal public defender, or assistant federal public defender; or
188- (20) a current or former employee of a public
189- defender's office as defined by Article 26.044(a), Code of Criminal
190- Procedure.
185+ federal public defender, or assistant federal public defender.
191186 (b-1) Information included in a form submitted under
192187 Subsection (b) and any supplemental information included as part of
193188 the submission are confidential and not subject to disclosure under
194189 this chapter.
195190 (f) A governmental body may redact information that must be
196191 withheld under Subsection (b) or (b-1) from any information the
197192 governmental body discloses under Section 552.021 without the
198193 necessity of requesting a decision from the attorney general under
199194 Subchapter G.
200195 (i) In this section, "family member" means a minor child,
201196 adult child, spouse, or surviving spouse.
202197 SECTION 3. Section 25.025(a), Tax Code, as amended by
203198 Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765
204199 (H.B. 4504), and 937 (S.B. 1525), Acts of the 88th Legislature,
205200 Regular Session, 2023, is reenacted and amended to read as follows:
206201 (a) This section applies only to:
207202 (1) a current or former peace officer as defined by
208203 Article 2A.001, Code of Criminal Procedure, and the spouse or
209204 surviving spouse of the peace officer;
210205 (2) the adult child of a current peace officer as
211206 defined by Article 2A.001, Code of Criminal Procedure;
212207 (3) a current or honorably retired county jailer as
213208 defined by Section 1701.001, Occupations Code;
214209 (4) an employee of the Texas Department of Criminal
215210 Justice;
216211 (5) a commissioned security officer as defined by
217212 Section 1702.002, Occupations Code;
218213 (6) an individual who shows that the individual, the
219214 individual's child, or another person in the individual's household
220215 is a victim of family violence as defined by Section 71.004, Family
221216 Code, by providing:
222217 (A) a copy of a protective order issued under
223218 Chapter 85, Family Code, or a magistrate's order for emergency
224219 protection issued under Article 17.292, Code of Criminal Procedure;
225220 or
226221 (B) other independent documentary evidence
227222 necessary to show that the individual, the individual's child, or
228223 another person in the individual's household is a victim of family
229224 violence;
230225 (7) an individual who shows that the individual, the
231226 individual's child, or another person in the individual's household
232227 is a victim of sexual assault or abuse, stalking, or trafficking of
233228 persons by providing:
234229 (A) a copy of a protective order issued under
235230 Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
236231 magistrate's order for emergency protection issued under Article
237232 17.292, Code of Criminal Procedure; or
238233 (B) other independent documentary evidence
239234 necessary to show that the individual, the individual's child, or
240235 another person in the individual's household is a victim of sexual
241236 assault or abuse, stalking, or trafficking of persons;
242237 (8) a participant in the address confidentiality
243238 program administered by the attorney general under Subchapter B,
244239 Chapter 58, Code of Criminal Procedure, who provides proof of
245240 certification under Article 58.059, Code of Criminal Procedure;
246241 (9) a federal judge, a federal bankruptcy judge, a
247242 marshal of the United States Marshals Service, a state judge, or a
248243 family member of a federal judge, a federal bankruptcy judge, a
249244 marshal of the United States Marshals Service, or a state judge;
250245 (10) a current or former district attorney, criminal
251246 district attorney, or county or municipal attorney whose
252247 jurisdiction includes any criminal law or child protective services
253248 matters;
254249 (11) a current or former employee of a district
255250 attorney, criminal district attorney, or county or municipal
256251 attorney whose jurisdiction includes any criminal law or child
257252 protective services matters;
258253 (12) an officer or employee of a community supervision
259254 and corrections department established under Chapter 76,
260255 Government Code, who performs a duty described by Section 76.004(b)
261256 of that code;
262257 (13) a criminal investigator of the United States as
263258 described by Article 2A.002(a), Code of Criminal Procedure;
264259 (14) a current or honorably retired police officer or
265260 inspector of the United States Federal Protective Service;
266261 (15) a current or former United States attorney,
267262 assistant United States attorney, federal public defender, deputy
268263 federal public defender, or assistant federal public defender and
269264 the spouse and child of the attorney or public defender;
270265 (16) a current or former employee of the office of the
271266 attorney general and a family member of the current or former
272267 employee [who is or was assigned to a division of that office the
273268 duties of which involve law enforcement or are performed under
274269 Chapter 231, Family Code];
275270 (17) a medical examiner or person who performs
276271 forensic analysis or testing who is employed by this state or one or
277272 more political subdivisions of this state;
278273 (18) a current or former member of the United States
279274 armed forces who has served in an area that the president of the
280275 United States by executive order designates for purposes of 26
281276 U.S.C. Section 112 as an area in which armed forces of the United
282277 States are or have engaged in combat;
283278 (19) a current or former employee of the Texas
284279 Juvenile Justice Department or of the predecessors in function of
285280 the department;
286281 (20) a current or former juvenile probation or
287282 supervision officer certified by the Texas Juvenile Justice
288283 Department, or the predecessors in function of the department,
289284 under Title 12, Human Resources Code;
290285 (21) a current or former employee of a juvenile
291286 justice program or facility, as those terms are defined by Section
292287 261.405, Family Code;
293288 (22) a current or former employee of the Texas Civil
294289 Commitment Office or the predecessor in function of the office or a
295290 division of the office;
296291 (23) a current or former employee of a federal judge or
297292 state judge;
298293 (24) a current or former child protective services
299294 caseworker, adult protective services caseworker, or investigator
300295 for the Department of Family and Protective Services or a current or
301296 former employee of a department contractor performing child
302297 protective services caseworker, adult protective services
303298 caseworker, or investigator functions for the contractor on behalf
304299 of the department;
305300 (25) an elected public officer;
306301 (26) a firefighter or volunteer firefighter or
307302 emergency medical services personnel as defined by Section 773.003,
308303 Health and Safety Code;
309304 (27) a customs and border protection officer or border
310305 patrol agent of United States Customs and Border Protection or the
311306 spouse, surviving spouse, or adult child of a customs and border
312307 protection officer or border patrol agent;
313308 (28) [(27) a current or former attorney for the
314309 Department of Family and Protective Services
315310 [(27)] a current or former employee or contract staff
316311 member of a university health care provider at a corrections
317312 facility operated by the Texas Department of Criminal Justice or
318- the Texas Juvenile Justice Department; [and]
313+ the Texas Juvenile Justice Department; and
319314 (29) [(28)] a current or former attorney for the
320- Department of Family and Protective Services; and
321- (30) a current or former employee of a public
322- defender's office as defined by Article 26.044(a), Code of Criminal
323- Procedure.
315+ Department of Family and Protective Services.
324316 SECTION 4. Section 25.025(a-1)(1), Tax Code, is amended to
325317 read as follows:
326318 (1) "Family member" means a minor child, adult child,
327319 spouse, or surviving spouse [has the meaning assigned by Section
328320 31.006, Finance Code].
329321 SECTION 5. To the extent of any conflict, this Act prevails
330322 over another Act of the 89th Legislature, Regular Session, 2025,
331323 relating to nonsubstantive additions to and corrections in enacted
332324 codes.
333325 SECTION 6. The changes in law made by this Act apply only to
334326 a request for information that is received by a governmental body or
335327 an officer on or after the effective date of this Act.
336328 SECTION 7. This Act takes effect September 1, 2025.
329+ * * * * *