Bill Text: TX HB1351 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the confidentiality of certain information concerning service members of the United States armed forces and the state military forces.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-06-02 - Effective on 9/1/19 [HB1351 Detail]
Download: Texas-2019-HB1351-Enrolled.html
H.B. No. 1351 |
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relating to the confidentiality of certain information concerning | ||
service members of the United States armed forces and the state | ||
military forces. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 434, Government Code, is | ||
amended by adding Section 434.0205 to read as follows: | ||
Sec. 434.0205. CONFIDENTIALITY OF INFORMATION PROVIDED TO | ||
COMMISSION. Any information provided by a person to the commission | ||
to receive services or participate in commission programs is | ||
confidential and not subject to disclosure under Chapter 552. | ||
SECTION 2. 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 United States | ||
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary | ||
service of one of those branches of the armed forces, or the Texas | ||
military forces, as that term is defined by Section 437.001; [ |
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(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; [ |
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(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) [ |
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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) [ |
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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[ |
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SECTION 3. 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 [ |
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SECTION 4. 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; [ |
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(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 member of the United States | ||
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary | ||
service of one of those branches of the armed forces, or the Texas | ||
military forces, as that term is defined by Section 437.001. | ||
SECTION 5. The changes in law made by this Act 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 6. To the extent of any conflict, this Act prevails | ||
over another Act of the 86th Legislature, Regular Session, 2019, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 7. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1351 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 140, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1351 was passed by the Senate on May | ||
20, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |