Bill Text: TX HB2446 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the availability of certain information regarding firefighters, volunteer firefighters, emergency medical services personnel, and fire safety inspectors and the certification and training for fire safety inspectors.

Spectrum: Slight Partisan Bill (Republican 15-7)

Status: (Enrolled) 2019-06-14 - Effective immediately [HB2446 Detail]

Download: Texas-2019-HB2446-Enrolled.html
 
 
  H.B. No. 2446
 
 
 
 
AN ACT
  relating to the availability of certain information regarding
  firefighters, volunteer firefighters, emergency medical services
  personnel, and fire safety inspectors and the certification and
  training for fire safety inspectors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.1235(a), Government Code, is amended
  to read as follows:
         (a)  A volunteer fire department or a fire department
  operated by an emergency services district is entitled to obtain
  from the department criminal history record information maintained
  by the department that relates to a person who:
               (1)  is required to be certified by the Texas
  Commission on Fire Protection and:
                     (A) [(1)]  is an applicant for a beginning
  position with the fire department; or
                     (B) [(2)]  currently holds a position with that
  fire department; or
               (2)  holds a position with the fire department and
  seeks to conduct fire safety inspections without becoming certified
  as a fire inspector by the Texas Commission on Fire Protection.
         SECTION 2.  Section 411.129(a), Government Code, is amended
  to read as follows:
         (a)  Except as provided by Subsection (b), a municipality is
  entitled to obtain from the department criminal history record
  information maintained by the department that relates to a person
  who:
               (1)  is:
                     (A) [(1)]  an applicant for employment by the
  municipality;
                     (B) [(2)]  an employee of the municipality;
                     (C) [(3)]  an applicant for employment by or an
  employee of a business or person that contracts with the
  municipality;
                     (D) [(4)]  a volunteer with the municipality; or
                     (E) [(5)]  an applicant for a volunteer position
  with the municipality; or
               (2)  seeks the municipality's authorization to conduct
  fire safety inspections without becoming certified as a fire
  inspector by the Texas Commission on Fire Protection.
         SECTION 3.  Section 419.909, Government Code, is amended by
  amending Subsection (a) and adding Subsections (a-1) and (a-2) to
  read as follows:
         (a)  Except as provided by Subsection (a-1), only [Only] an
  individual certified by the commission as a fire inspector may
  conduct a fire safety inspection required by a state or local law,
  rule, regulation, or ordinance. The following entities may provide
  training related to fire safety inspections:
               (1)  the commission or a training facility certified by
  the commission;
               (2)  the State Firefighters' and Fire Marshals'
  Association of Texas or a training facility approved by that
  association;
               (3)  any state agency with authority over fire safety
  inspections; or
               (4)  any local agency authorized to provide the
  training by a state agency described by Subdivision (3).
         (a-1)  Subject to Subsection (a-2), for purposes of
  conducting a fire safety inspection under Subsection (a), an
  individual is not required to be certified by the commission if:
               (1)  the individual:
                     (A)  has completed a course of training on fire
  safety inspections offered by an entity described by Subsection (a)
  that complies with NFPA Standard 1031:  Fire Inspector I, 2014
  Edition, "Standard for Professional Qualifications for Fire
  Inspector and Plan Examiner," as published by the National Fire
  Protection Association;
                     (B)  is:
                           (i)  a member of a volunteer fire
  department; or
                           (ii)  authorized to conduct fire safety
  inspections by a municipality in which an emergency services
  district is located if the municipality has adopted a fire safety
  code; and
                     (C)  has not been convicted of an offense that
  involves family violence, as defined by Section 71.004, Family
  Code, or a felony; and
               (2)  the inspection is conducted in:
                     (A)  a county with a population of less than
  100,000; or
                     (B)  a political subdivision of this state that
  employs fewer than five firefighters regulated by the commission.
         (a-2)  A volunteer fire department or a municipality
  described by Subsection (a-1)(1)(B)(ii) may obtain an individual's
  criminal history record information for use in conducting a
  criminal history background check before authorizing the
  individual to conduct fire safety inspections.
         SECTION 4.  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; [or]
               (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 firefighter or volunteer firefighter or
  emergency medical services personnel as defined by Section 773.003,
  Health and Safety Code, regardless of whether the firefighter or
  volunteer firefighter or emergency medical services personnel
  comply with Section 552.024 or 552.1175, as applicable [(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 5.  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 6.  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 firefighter or volunteer firefighter or
  emergency medical services personnel as defined by Section 773.003,
  Health and Safety Code.
         SECTION 7.  Subchapter C, Chapter 552, Government Code, is
  amended by adding Section 552.159 to read as follows:
         Sec. 552.159.  EXCEPTION: CONFIDENTIALITY OF CERTAIN WORK
  SCHEDULES. A work schedule or a time sheet of a firefighter or
  volunteer firefighter or emergency medical services personnel as
  defined by Section 773.003, Health and Safety Code, is confidential
  and excepted from the requirements of Section 552.021.
         SECTION 8.  Section 25.025(a), Tax Code, as amended by
  Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B.
  1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular
  Session, 2017, is reenacted and amended to read as follows:
         (a)  This section applies only to:
               (1)  a current or former peace officer as defined by
  Article 2.12, Code of Criminal Procedure, and the spouse or
  surviving spouse of the peace officer;
               (2)  the adult child of a current peace officer as
  defined by Article 2.12, Code of Criminal Procedure;
               (3)  a county jailer as defined by Section 1701.001,
  Occupations Code;
               (4)  an employee of the Texas Department of Criminal
  Justice;
               (5)  a commissioned security officer as defined by
  Section 1702.002, Occupations Code;
               (6)  an individual who shows that the individual, the
  individual's child, or another person in the individual's household
  is a victim of family violence as defined by Section 71.004, Family
  Code, by providing:
                     (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 individual, the individual's child, or
  another person in the individual's household is a victim of family
  violence;
               (7) [(6)]  an individual who shows that the individual,
  the individual's child, or another person in the individual's
  household is a victim of sexual assault or abuse, stalking, or
  trafficking of persons by providing:
                     (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 individual, the individual's child, or
  another person in the individual's household is a victim of sexual
  assault or abuse, stalking, or trafficking of persons;
               (8) [(7)]  a participant in the address
  confidentiality program administered by the attorney general under
  Subchapter C, Chapter 56, Code of Criminal Procedure, who provides
  proof of certification under Article 56.84, Code of Criminal
  Procedure;
               (9) [(8)]  a federal judge, a state judge, or the
  spouse of a federal judge or state judge;
               (10)  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;
               (11) [(9)]  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;
               (12) [(10)]  an officer or employee of a community
  supervision and corrections department established under Chapter
  76, Government Code, who performs a duty described by Section
  76.004(b) of that code;
               (13) [(11)]  a criminal investigator of the United
  States as described by Article 2.122(a), Code of Criminal
  Procedure;
               (14) [(12)]  a police officer or inspector of the
  United States Federal Protective Service;
               (15) [(13)]  a current or former United States attorney
  or assistant United States attorney and the spouse and child of the
  attorney;
               (16) [(14)]  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;
               (17) [(15)]  a medical examiner or person who performs
  forensic analysis or testing who is employed by this state or one or
  more political subdivisions of this state;
               (18) [(16)]  a current or former member of the United
  States armed forces who has served in an area that the president of
  the United States by executive order designates for purposes of 26
  U.S.C. Section 112 as an area in which armed forces of the United
  States are or have engaged in combat;
               (19) [(17)]  a current or former employee of the Texas
  Juvenile Justice Department or of the predecessors in function of
  the department;
               (20) [(18)]  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;
               (21) [(19)]  a current or former employee of a juvenile
  justice program or facility, as those terms are defined by Section
  261.405, Family Code; [and]
               (22) [(18)]  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;
               (23) [(18)]  a current or former employee of a federal
  judge or state judge; and
               (24)  a firefighter or volunteer firefighter or
  emergency medical services personnel as defined by Section 773.003,
  Health and Safety Code.
         SECTION 9.  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 10.  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 11.  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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2446 was passed by the House on May 3,
  2019, by the following vote:  Yeas 140, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2446 on May 24, 2019, by the following vote:  Yeas 139, Nays 2,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2446 was passed by the Senate, with
  amendments, on May 22, 2019, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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