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AN ACT
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relating to the confidentiality of certain information concerning |
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service members of the United States armed forces and the state |
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military forces. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 434, Government Code, is |
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amended by adding Section 434.0205 to read as follows: |
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Sec. 434.0205. CONFIDENTIALITY OF INFORMATION PROVIDED TO |
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COMMISSION. Any information provided by a person to the commission |
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to receive services or participate in commission programs is |
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confidential and not subject to disclosure under Chapter 552. |
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SECTION 2. Section 552.117(a), Government Code, as amended |
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by Chapters 34 (S.B. 1576), 190 (S.B. 42), and 1006 (H.B. 1278), |
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Acts of the 85th Legislature, Regular Session, 2017, is reenacted |
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and amended to read as follows: |
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(a) Information is excepted from the requirements of |
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Section 552.021 if it is information that relates to the home |
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address, home telephone number, emergency contact information, or |
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social security number of the following person or that reveals |
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whether the person has family members: |
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(1) a current or former official or employee of a |
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governmental body, except as otherwise provided by Section 552.024; |
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(2) a peace officer as defined by Article 2.12, Code of |
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Criminal Procedure, or a security officer commissioned under |
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Section 51.212, Education Code, regardless of whether the officer |
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complies with Section 552.024 or 552.1175, as applicable; |
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(3) a current or former employee of the Texas |
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Department of Criminal Justice or of the predecessor in function of |
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the department or any division of the department, regardless of |
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whether the current or former employee complies with Section |
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552.1175; |
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(4) a peace officer as defined by Article 2.12, Code of |
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Criminal Procedure, or other law, a reserve law enforcement |
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officer, a commissioned deputy game warden, or a corrections |
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officer in a municipal, county, or state penal institution in this |
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state who was killed in the line of duty, regardless of whether the |
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deceased complied with Section 552.024 or 552.1175; |
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(5) a commissioned security officer as defined by |
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Section 1702.002, Occupations Code, regardless of whether the |
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officer complies with Section 552.024 or 552.1175, as applicable; |
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(6) an officer or employee of a community supervision |
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and corrections department established under Chapter 76 who |
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performs a duty described by Section 76.004(b), regardless of |
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whether the officer or employee complies with Section 552.024 or |
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552.1175; |
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(7) a current or former employee of the office of the |
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attorney general who is or was assigned to a division of that office |
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the duties of which involve law enforcement, regardless of whether |
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the current or former employee complies with Section 552.024 or |
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552.1175; |
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(8) a current or former employee of the Texas Juvenile |
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Justice Department or of the predecessors in function of the |
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department, regardless of whether the current or former employee |
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complies with Section 552.024 or 552.1175; |
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(9) a current or former juvenile probation or |
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supervision officer certified by the Texas Juvenile Justice |
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Department, or the predecessors in function of the department, |
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under Title 12, Human Resources Code, regardless of whether the |
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current or former officer complies with Section 552.024 or |
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552.1175; |
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(10) a current or former employee of a juvenile |
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justice program or facility, as those terms are defined by Section |
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261.405, Family Code, regardless of whether the current or former |
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employee complies with Section 552.024 or 552.1175; |
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(11) a current or former member of the United States |
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Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary |
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service of one of those branches of the armed forces, or the Texas |
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military forces, as that term is defined by Section 437.001; [or] |
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(12) a current or former district attorney, criminal |
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district attorney, or county or municipal attorney whose |
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jurisdiction includes any criminal law or child protective services |
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matters, regardless of whether the current or former attorney |
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complies with Section 552.024 or 552.1175; [or] |
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(13) a current or former employee of a district |
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attorney, criminal district attorney, or county or municipal |
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attorney whose jurisdiction includes any criminal law or child |
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protective services matters, regardless of whether the current or |
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former employee complies with Section 552.024 or 552.1175; |
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(14) [(12)] a current or former employee of the Texas |
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Civil Commitment Office or of the predecessor in function of the |
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office or a division of the office, regardless of whether the |
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current or former employee complies with Section 552.024 or |
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552.1175; or |
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(15) [(12)] a current or former federal judge or state |
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judge, as those terms are defined by Section 13.0021(a), Election |
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Code, or a spouse of a current or former federal judge or state |
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judge[; or
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[(13)
a current or former district attorney, criminal
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district attorney, or county attorney whose jurisdiction includes
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any criminal law or child protective services matter]. |
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SECTION 3. The heading to Section 552.1175, Government |
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Code, is amended to read as follows: |
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Sec. 552.1175. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER |
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OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS [, COUNTY
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JAILERS, SECURITY OFFICERS, EMPLOYEES OF CERTAIN STATE AGENCIES OR
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CERTAIN CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND
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FEDERAL AND STATE JUDGES]. |
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SECTION 4. Section 552.1175(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to: |
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(1) peace officers as defined by Article 2.12, Code of |
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Criminal Procedure; |
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(2) county jailers as defined by Section 1701.001, |
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Occupations Code; |
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(3) current or former employees of the Texas |
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Department of Criminal Justice or of the predecessor in function of |
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the department or any division of the department; |
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(4) commissioned security officers as defined by |
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Section 1702.002, Occupations Code; |
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(5) a current or former district attorney, criminal |
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district attorney, or county or municipal attorney whose |
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jurisdiction includes any criminal law or child protective services |
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matters; |
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(5-a) a current or former employee of a district |
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attorney, criminal district attorney, or county or municipal |
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attorney whose jurisdiction includes any criminal law or child |
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protective services matters; |
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(6) officers and employees of a community supervision |
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and corrections department established under Chapter 76 who perform |
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a duty described by Section 76.004(b); |
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(7) criminal investigators of the United States as |
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described by Article 2.122(a), Code of Criminal Procedure; |
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(8) police officers and inspectors of the United |
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States Federal Protective Service; |
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(9) current and former employees of the office of the |
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attorney general who are or were assigned to a division of that |
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office the duties of which involve law enforcement; |
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(10) current or former juvenile probation and |
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detention officers certified by the Texas Juvenile Justice |
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Department, or the predecessors in function of the department, |
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under Title 12, Human Resources Code; |
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(11) current or former employees of a juvenile justice |
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program or facility, as those terms are defined by Section 261.405, |
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Family Code; |
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(12) current or former employees of the Texas Juvenile |
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Justice Department or the predecessors in function of the |
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department; |
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(13) federal judges and state judges as defined by |
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Section 13.0021, Election Code; [and] |
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(14) current or former employees of the Texas Civil |
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Commitment Office or of the predecessor in function of the office or |
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a division of the office; and |
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(15) a current or former member of the United States |
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Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary |
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service of one of those branches of the armed forces, or the Texas |
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military forces, as that term is defined by Section 437.001. |
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SECTION 5. The changes in law made by this Act apply only to |
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a request for information that is received by a governmental body or |
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an officer on or after the effective date of this Act. A request for |
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information that was received before the effective date of this Act |
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is governed by the law in effect on the date the request was |
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received, and the former law is continued in effect for that |
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purpose. |
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SECTION 6. To the extent of any conflict, this Act prevails |
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over another Act of the 86th Legislature, Regular Session, 2019, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 7. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1351 was passed by the House on May 3, |
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2019, by the following vote: Yeas 140, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1351 was passed by the Senate on May |
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20, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |