Bill Text: TX HB418 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the availability of personal information of a current or former federal prosecutor.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-17 - Left pending in committee [HB418 Detail]

Download: Texas-2019-HB418-Introduced.html
  86R3395 BEF-D
 
  By: VanDeaver H.B. No. 418
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the availability of personal information of a current
  or former federal prosecutor.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 552.117(a), Government Code, as amended
  by Chapters 34 (S.B. 1576), 190 (S.B. 42), and 1006 (H.B. 1278),
  Acts of the 85th Legislature, Regular Session, 2017, is reenacted
  and amended to read as follows:
         (a)  Information is excepted from the requirements of
  Section 552.021 if it is information that relates to the home
  address, home telephone number, emergency contact information, or
  social security number of the following person or that reveals
  whether the person has family members:
               (1)  a current or former official or employee of a
  governmental body, except as otherwise provided by Section 552.024;
               (2)  a peace officer as defined by Article 2.12, Code of
  Criminal Procedure, or a security officer commissioned under
  Section 51.212, Education Code, regardless of whether the officer
  complies with Section 552.024 or 552.1175, as applicable;
               (3)  a current or former employee of the Texas
  Department of Criminal Justice or of the predecessor in function of
  the department or any division of the department, regardless of
  whether the current or former employee complies with Section
  552.1175;
               (4)  a peace officer as defined by Article 2.12, Code of
  Criminal Procedure, or other law, a reserve law enforcement
  officer, a commissioned deputy game warden, or a corrections
  officer in a municipal, county, or state penal institution in this
  state who was killed in the line of duty, regardless of whether the
  deceased complied with Section 552.024 or 552.1175;
               (5)  a commissioned security officer as defined by
  Section 1702.002, Occupations Code, regardless of whether the
  officer complies with Section 552.024 or 552.1175, as applicable;
               (6)  an officer or employee of a community supervision
  and corrections department established under Chapter 76 who
  performs a duty described by Section 76.004(b), regardless of
  whether the officer or employee complies with Section 552.024 or
  552.1175;
               (7)  a current or former employee of the office of the
  attorney general who is or was assigned to a division of that office
  the duties of which involve law enforcement, regardless of whether
  the current or former employee complies with Section 552.024 or
  552.1175;
               (8)  a current or former employee of the Texas Juvenile
  Justice Department or of the predecessors in function of the
  department, regardless of whether the current or former employee
  complies with Section 552.024 or 552.1175;
               (9)  a current or former juvenile probation or
  supervision officer certified by the Texas Juvenile Justice
  Department, or the predecessors in function of the department,
  under Title 12, Human Resources Code, regardless of whether the
  current or former officer complies with Section 552.024 or
  552.1175;
               (10)  a current or former employee of a juvenile
  justice program or facility, as those terms are defined by Section
  261.405, Family Code, regardless of whether the current or former
  employee complies with Section 552.024 or 552.1175;
               (11)  a current or former member of the Texas military
  forces, as that term is defined by Section 437.001;
               (12)  a current or former district attorney, criminal
  district attorney, or county or municipal attorney whose
  jurisdiction includes any criminal law or child protective services
  matters, regardless of whether the current or former attorney
  complies with Section 552.024 or 552.1175; [or]
               (13)  a current or former employee of a district
  attorney, criminal district attorney, or county or municipal
  attorney whose jurisdiction includes any criminal law or child
  protective services matters, regardless of whether the current or
  former employee complies with Section 552.024 or 552.1175;
               (14) [(12)]  a current or former employee of the Texas
  Civil Commitment Office or of the predecessor in function of the
  office or a division of the office, regardless of whether the
  current or former employee complies with Section 552.024 or
  552.1175;
               (15) [(12)]  a current or former federal judge or state
  judge, as those terms are defined by Section 13.0021(a), Election
  Code, or a spouse of a current or former federal judge or state
  judge; or
               (16)  a current or former United States attorney or
  assistant United States attorney, regardless of whether the current
  or former attorney complies with Section 552.024 or 552.1175 
  [(13)     a current or former district attorney, criminal district
  attorney, or county attorney whose jurisdiction includes any
  criminal law or child protective services matter].
         SECTION 2.  The heading to Section 552.1175, Government
  Code, is amended to read as follows:
         Sec. 552.1175.  EXCEPTION: CONFIDENTIALITY OF CERTAIN
  PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER
  OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS [, COUNTY
  JAILERS, SECURITY OFFICERS, EMPLOYEES OF CERTAIN STATE AGENCIES OR
  CERTAIN CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND
  FEDERAL AND STATE JUDGES].
         SECTION 3.  Section 552.1175(a), Government Code, is amended
  to read as follows:
         (a)  This section applies only to:
               (1)  peace officers as defined by Article 2.12, Code of
  Criminal Procedure;
               (2)  county jailers as defined by Section 1701.001,
  Occupations Code;
               (3)  current or former employees of the Texas
  Department of Criminal Justice or of the predecessor in function of
  the department or any division of the department;
               (4)  commissioned security officers as defined by
  Section 1702.002, Occupations Code;
               (5)  a current or former district attorney, criminal
  district attorney, or county or municipal attorney whose
  jurisdiction includes any criminal law or child protective services
  matters;
               (5-a)  a current or former employee of a district
  attorney, criminal district attorney, or county or municipal
  attorney whose jurisdiction includes any criminal law or child
  protective services matters;
               (6)  officers and employees of a community supervision
  and corrections department established under Chapter 76 who perform
  a duty described by Section 76.004(b);
               (7)  criminal investigators of the United States as
  described by Article 2.122(a), Code of Criminal Procedure;
               (8)  police officers and inspectors of the United
  States Federal Protective Service;
               (9)  current and former employees of the office of the
  attorney general who are or were assigned to a division of that
  office the duties of which involve law enforcement;
               (10)  current or former juvenile probation and
  detention officers certified by the Texas Juvenile Justice
  Department, or the predecessors in function of the department,
  under Title 12, Human Resources Code;
               (11)  current or former employees of a juvenile justice
  program or facility, as those terms are defined by Section 261.405,
  Family Code;
               (12)  current or former employees of the Texas Juvenile
  Justice Department or the predecessors in function of the
  department;
               (13)  federal judges and state judges as defined by
  Section 13.0021, Election Code; [and]
               (14)  current or former employees of the Texas Civil
  Commitment Office or of the predecessor in function of the office or
  a division of the office; and
               (15)  a current or former United States attorney or
  assistant United States attorney.
         SECTION 4.  The changes in law made by this Act to Sections
  552.117 and 552.1175, Government Code, apply only to a request for
  information that is received by a governmental body or an officer on
  or after the effective date of this Act. A request for information
  that was received before the effective date of this Act is governed
  by the law in effect on the date the request was received, and the
  former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
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