Bill Text: TX HB2359 | 2015-2016 | 84th Legislature | Comm Sub


Bill Title: Relating to prohibiting the Department of Public Safety from responding to bulk requests from the federal government for lists of individuals licensed to carry a concealed handgun.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-05-13 - Placed on General State Calendar [HB2359 Detail]

Download: Texas-2015-HB2359-Comm_Sub.html
  84R23386 LEH-D
 
  By: Bohac H.B. No. 2359
 
  Substitute the following for H.B. No. 2359:
 
  By:  Phillips C.S.H.B. No. 2359
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting the Department of Public Safety from
  responding to bulk requests from the federal government for lists
  of individuals licensed to carry a concealed handgun.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.192, Government Code, is amended by
  amending Subsection (a) and adding Subsections (a-1) and (a-2) to
  read as follows:
         (a)  In this section:
               (1)  "Bulk request" means a request for all or a
  significant portion of the names or other personal information of
  applicants or licensees who:
                     (A)  reside within a certain geographical area; or
                     (B)  applied for a license or were licensed within
  a certain period.
               (2)  "Criminal justice agency" has the meaning assigned
  by Article 60.01, Code of Criminal Procedure.
         (a-1)  Subject to Subsection (a-2), the [The] department
  may, only in response to a subpoena issued in a criminal proceeding, 
  [shall] disclose to a criminal justice agency information contained
  in its files and records regarding whether a named individual or any
  individual named in a specified list is licensed under this
  subchapter.  Information on an individual subject to disclosure
  under this section includes the individual's name, date of birth,
  gender, race, zip code, telephone number, e-mail address, and
  Internet website address.  Except as otherwise provided by this
  section and by Section 411.193, all other records maintained under
  this subchapter are confidential and are not subject to mandatory
  disclosure under the open records law, Chapter 552.
         (a-2)  To the extent allowed by federal law, the department,
  in response to a bulk request made by a federal criminal justice
  agency, may not provide to the agency a list of individuals licensed
  to carry a concealed handgun under this subchapter.
         SECTION 2.  This Act takes effect September 1, 2015.
feedback