Bill Text: TX SB905 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to the confidentiality of certain personal information of certain persons obtained for the purposes of voting.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-17 - Removed from local & uncontested calendar [SB905 Detail]

Download: Texas-2019-SB905-Comm_Sub.html
 
 
  By: Hughes  S.B. No. 905
         (In the Senate - Filed March 8, 2019; March 11, 2019, read
  first time and referred to Committee on State Affairs;
  April 8, 2019, reported favorably by the following vote:  Yeas 9,
  Nays 0; April 8, 2019, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the confidentiality of certain personal information of
  certain persons obtained for the purposes of voting.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1.005, Election Code, is amended by
  adding Subdivisions (4-a) and (18-a) to read as follows:
               (4-a)  "Federal judge" means:
                     (A)  a judge, former judge, or retired judge of a
  United States court of appeals;
                     (B)  a judge, former judge, or retired judge of a
  United States district court;
                     (C)  a judge, former judge, or retired judge of a
  United States bankruptcy court; or
                     (D)  a magistrate judge, former magistrate judge,
  or retired magistrate judge of a United States district court.
               (18-a)  "State judge" means:
                     (A)  a judge, former judge, or retired judge of an
  appellate court, a district court, a constitutional county court, a
  county court at law, or a statutory probate court of this state;
                     (B)  an associate judge appointed under Chapter
  201, Family Code, or a retired associate judge or former associate
  judge appointed under that chapter;
                     (C)  a magistrate or associate judge appointed
  under Chapter 54 or 54A, Government Code;
                     (D)  a justice of the peace; or
                     (E)  a municipal court judge.
         SECTION 2.  Section 13.004, Election Code, is amended by
  amending Subsections (c) and (d) and adding Subsection (e) to read
  as follows:
         (c)  The following information furnished on a registration
  application is confidential and does not constitute public
  information for purposes of Chapter 552, Government Code:
               (1)  a social security number;
               (2)  a Texas driver's license number;
               (3)  a number of a personal identification card issued
  by the Department of Public Safety;
               (4)  an indication that an applicant is interested in
  working as an election judge;
               (5)  the residence address of the applicant, if the
  applicant is a federal judge or state judge[, as defined by Section
  13.0021], the spouse of a federal judge or state judge, or an
  individual to whom Section 552.1175, Government Code, or Section
  521.1211, Transportation Code, applies and the applicant:
                     (A)  included an affidavit with the registration
  application describing the applicant's status under this
  subdivision, [including an affidavit under Section 13.0021] if the
  applicant is a federal judge or state judge or the spouse of a
  federal judge or state judge;
                     (B)  provided the registrar with an affidavit
  describing the applicant's status under this subdivision,
  [including an affidavit under Section 15.0215] if the applicant is
  a federal judge or state judge or the spouse of a federal judge or
  state judge; or
                     (C)  provided the registrar with a completed form
  approved by the secretary of state for the purpose of notifying the
  registrar of the applicant's status under this subdivision;
               (6)  the residence address of the applicant, if the
  applicant, the applicant's child, or another person in the
  applicant's household is a victim of family violence as defined by
  Section 71.004, Family Code, who provided the registrar with:
                     (A)  a copy of a protective order issued under
  Chapter 85, Family Code, or a magistrate's order for emergency
  protection issued under Article 17.292, Code of Criminal Procedure;
  or
                     (B)  other independent documentary evidence
  necessary to show that the applicant, the applicant's child, or
  another person in the applicant's household is a victim of family
  violence;
               (7)  the residence address of the applicant, if the
  applicant, the applicant's child, or another person in the
  applicant's household is a victim of sexual assault or abuse,
  stalking, or trafficking of persons who provided the registrar
  with:
                     (A)  a copy of a protective order issued under
  Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
  magistrate's order for emergency protection issued under Article
  17.292, Code of Criminal Procedure; or
                     (B)  other independent documentary evidence
  necessary to show that the applicant, the applicant's child, or
  another person in the applicant's household is a victim of sexual
  assault or abuse, stalking, or trafficking of persons; [or]
               (8)  the residence address of the applicant, if the
  applicant:
                     (A)  is a participant in the address
  confidentiality program administered by the attorney general under
  Subchapter C, Chapter 56, Code of Criminal Procedure; and
                     (B)  provided the registrar with proof of
  certification under Article 56.84, Code of Criminal Procedure; or
               (9)  the telephone number of any applicant submitting
  documentation under Subdivision (5), (6), (7), or (8).
         (d)  The voter registrar or other county official who has
  access to the information furnished on a registration application
  may not post the following information on a website:
               (1)  a telephone number;
               (2)  a social security number;
               (3)  a driver's license number or a number of a personal
  identification card;
               (4)  a date of birth; or
               (5)  the residence address of a voter who submits
  documentation under Subsection (c)(5), (6), (7), or (8) to the
  voter registrar [is a federal judge or state judge, as defined by
  Section 13.0021, or the spouse of a federal judge or state judge, if
  the voter included an affidavit with the application under Section
  13.0021] or regarding whom the registrar has received notification
  [an affidavit submitted] under Section 15.0215.
         (e)  Documentation submitted under Subsection (c)(5), (6),
  (7), or (8) shall be retained on file with the voter registration
  application.
         SECTION 3.  Section 15.0215(b), Election Code, is amended to
  read as follows:
         (b)  On receiving notice from the Office of Court
  Administration of the Texas Judicial System of the person's
  qualification for office as a federal judge or state judge and of
  the name of the judge's spouse, if applicable, the registrar of the
  county in which the judge resides shall:
               (1)  omit from the registration list the residence
  address of the judge and the spouse of the judge; and
               (2)  prepare a memorandum of the notice, indicating the
  substance and date of the notification, and retain the memorandum
  on file with the application.
         SECTION 4.  Section 15.081(d), Election Code, is amended to
  read as follows:
         (d)  Notwithstanding Subsection (b), the suspense list may
  not contain the residence address of a voter whose residence
  address is confidential under Section 13.004 [who is a federal
  judge, a state judge, or the spouse of a federal judge or state
  judge, if the voter included an affidavit with the voter's
  registration application under Section 13.0021 or the registrar
  received an affidavit submitted under Section 15.0215 before the
  list was prepared. In this subsection, "federal judge" and "state
  judge" have the meanings assigned by Section 13.0021].
         SECTION 5.  Section 18.005(c), Election Code, is amended to
  read as follows:
         (c)  The original or supplemental list of registered voters
  may not contain the residence address of a voter whose residence
  address is confidential under Section 13.004 [who is a federal
  judge, a state judge, or the spouse of a federal judge or state
  judge, if the voter included an affidavit with the voter's
  registration application under Section 13.0021 or the registrar
  received an affidavit submitted under Section 15.0215 before the
  list was prepared. In this subsection, "federal judge" and "state
  judge" have the meanings assigned by Section 13.0021].
         SECTION 6.  Section 18.066(b), Election Code, is amended to
  read as follows:
         (b)  Information furnished under this section may not
  include:
               (1)  a voter's social security number; or
               (2)  the residence address of a voter whose residence
  address is confidential under Section 13.004 [who is a federal
  judge or state judge, as defined by Section 13.0021, or the spouse
  of a federal judge or state judge, if the voter included an
  affidavit with the voter's registration application under Section
  13.0021 or the applicable registrar has received an affidavit
  submitted under Section 15.0215].
         SECTION 7.  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; or
               (15) [(12)]  a current or former federal judge or state
  judge, as those terms are defined by Section 1.005 [13.0021(a)],
  Election Code, or a spouse of a current or former federal judge or
  state judge[; or
               [(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 8.  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, or special investigators as described by
  Article 2.122, 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 1.005 [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.
         SECTION 9.  The change in law made by this Act to Section
  552.1175, Government Code, applies 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 10.  Sections 13.0021(a) and 15.0215(a), Election
  Code, are repealed.
         SECTION 11.  This Act takes effect September 1, 2019.
 
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