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AN ACT
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relating to the confidentiality of certain personal information of |
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certain persons obtained for the purposes of voting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.005, Election Code, is amended by |
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adding Subdivisions (4-a) and (18-a) to read as follows: |
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(4-a) "Federal judge" means: |
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(A) a judge, former judge, or retired judge of a |
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United States court of appeals; |
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(B) a judge, former judge, or retired judge of a |
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United States district court; |
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(C) a judge, former judge, or retired judge of a |
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United States bankruptcy court; or |
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(D) a magistrate judge, former magistrate judge, |
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or retired magistrate judge of a United States district court. |
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(18-a) "State judge" means: |
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(A) a judge, former judge, or retired judge of an |
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appellate court, a district court, a constitutional county court, a |
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county court at law, or a statutory probate court of this state; |
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(B) an associate judge appointed under Chapter |
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201, Family Code, or a retired associate judge or former associate |
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judge appointed under that chapter; |
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(C) a magistrate or associate judge appointed |
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under Chapter 54 or 54A, Government Code; |
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(D) a justice of the peace; or |
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(E) a municipal court judge. |
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SECTION 2. Section 13.004, Election Code, is amended by |
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amending Subsections (c) and (d) and adding Subsection (e) to read |
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as follows: |
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(c) The following information furnished on a registration |
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application is confidential and does not constitute public |
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information for purposes of Chapter 552, Government Code: |
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(1) a social security number; |
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(2) a Texas driver's license number; |
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(3) a number of a personal identification card issued |
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by the Department of Public Safety; |
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(4) an indication that an applicant is interested in |
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working as an election judge; |
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(5) the residence address of the applicant, if the |
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applicant is a federal judge or state judge[, as defined by Section
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13.0021], the spouse of a federal judge or state judge, or an |
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individual to whom Section 552.1175, Government Code, or Section |
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521.1211, Transportation Code, applies and the applicant: |
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(A) included an affidavit with the registration |
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application describing the applicant's status under this |
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subdivision, [including an affidavit under Section 13.0021] if the |
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applicant is a federal judge or state judge or the spouse of a |
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federal judge or state judge; |
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(B) provided the registrar with an affidavit |
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describing the applicant's status under this subdivision, |
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[including an affidavit under Section 15.0215] if the applicant is |
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a federal judge or state judge or the spouse of a federal judge or |
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state judge; or |
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(C) provided the registrar with a completed form |
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approved by the secretary of state for the purpose of notifying the |
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registrar of the applicant's status under this subdivision; |
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(6) the residence address of the applicant, if the |
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applicant, the applicant's child, or another person in the |
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applicant's household is a victim of family violence as defined by |
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Section 71.004, Family Code, who provided the registrar with: |
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(A) a copy of a protective order issued under |
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Chapter 85, Family Code, or a magistrate's order for emergency |
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protection issued under Article 17.292, Code of Criminal Procedure; |
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or |
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(B) other independent documentary evidence |
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necessary to show that the applicant, the applicant's child, or |
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another person in the applicant's household is a victim of family |
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violence; |
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(7) the residence address of the applicant, if the |
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applicant, the applicant's child, or another person in the |
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applicant's household is a victim of sexual assault or abuse, |
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stalking, or trafficking of persons who provided the registrar |
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with: |
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(A) a copy of a protective order issued under |
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Chapter 7A or Article 6.09, Code of Criminal Procedure, or a |
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magistrate's order for emergency protection issued under Article |
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17.292, Code of Criminal Procedure; or |
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(B) other independent documentary evidence |
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necessary to show that the applicant, the applicant's child, or |
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another person in the applicant's household is a victim of sexual |
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assault or abuse, stalking, or trafficking of persons; [or] |
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(8) the residence address of the applicant, if the |
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applicant: |
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(A) is a participant in the address |
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confidentiality program administered by the attorney general under |
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Subchapter C, Chapter 56, Code of Criminal Procedure; and |
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(B) provided the registrar with proof of |
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certification under Article 56.84, Code of Criminal Procedure; or |
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(9) the telephone number of any applicant submitting |
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documentation under Subdivision (5), (6), (7), or (8). |
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(d) The voter registrar or other county official who has |
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access to the information furnished on a registration application |
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may not post the following information on a website: |
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(1) a telephone number; |
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(2) a social security number; |
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(3) a driver's license number or a number of a personal |
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identification card; |
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(4) a date of birth; or |
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(5) the residence address of a voter who submits |
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documentation under Subsection (c)(5), (6), (7), or (8) to the |
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voter registrar [is a federal judge or state judge, as defined by
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Section 13.0021, or the spouse of a federal judge or state judge, if
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the voter included an affidavit with the application under Section
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13.0021] or regarding whom the registrar has received notification |
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[an affidavit submitted] under Section 15.0215. |
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(e) Documentation submitted under Subsection (c)(5), (6), |
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(7), or (8) shall be retained on file with the voter registration |
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application. |
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SECTION 3. Section 15.0215(b), Election Code, is amended to |
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read as follows: |
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(b) On receiving notice from the Office of Court |
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Administration of the Texas Judicial System of the person's |
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qualification for office as a federal judge or state judge and of |
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the name of the judge's spouse, if applicable, the registrar of the |
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county in which the judge resides shall: |
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(1) omit from the registration list the residence |
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address of the judge and the spouse of the judge; and |
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(2) prepare a memorandum of the notice, indicating the |
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substance and date of the notification, and retain the memorandum |
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on file with the application. |
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SECTION 4. Section 15.081(d), Election Code, is amended to |
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read as follows: |
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(d) Notwithstanding Subsection (b), the suspense list may |
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not contain the residence address of a voter whose residence |
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address is confidential under Section 13.004 [who is a federal
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judge, a state judge, or the spouse of a federal judge or state
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judge, if the voter included an affidavit with the voter's
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registration application under Section 13.0021 or the registrar
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received an affidavit submitted under Section 15.0215 before the
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list was prepared. In this subsection, "federal judge" and "state
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judge" have the meanings assigned by Section 13.0021]. |
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SECTION 5. Section 18.005(c), Election Code, is amended to |
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read as follows: |
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(c) The original or supplemental list of registered voters |
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may not contain the residence address of a voter whose residence |
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address is confidential under Section 13.004 [who is a federal
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judge, a state judge, or the spouse of a federal judge or state
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judge, if the voter included an affidavit with the voter's
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registration application under Section 13.0021 or the registrar
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received an affidavit submitted under Section 15.0215 before the
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list was prepared. In this subsection, "federal judge" and "state
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judge" have the meanings assigned by Section 13.0021]. |
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SECTION 6. Section 18.066(b), Election Code, is amended to |
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read as follows: |
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(b) Information furnished under this section may not |
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include: |
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(1) a voter's social security number; or |
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(2) the residence address of a voter whose residence |
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address is confidential under Section 13.004 [who is a federal
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judge or state judge, as defined by Section 13.0021, or the spouse
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of a federal judge or state judge, if the voter included an
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affidavit with the voter's registration application under Section
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13.0021 or the applicable registrar has received an affidavit
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submitted under Section 15.0215]. |
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SECTION 7. Section 552.117(a), Government Code, as amended |
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by Chapters 34 (S.B. 1576), 190 (S.B. 42), and 1006 (H.B. 1278), |
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Acts of the 85th Legislature, Regular Session, 2017, is reenacted |
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and amended to read as follows: |
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(a) Information is excepted from the requirements of |
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Section 552.021 if it is information that relates to the home |
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address, home telephone number, emergency contact information, or |
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social security number of the following person or that reveals |
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whether the person has family members: |
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(1) a current or former official or employee of a |
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governmental body, except as otherwise provided by Section 552.024; |
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(2) a peace officer as defined by Article 2.12, Code of |
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Criminal Procedure, or a security officer commissioned under |
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Section 51.212, Education Code, regardless of whether the officer |
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complies with Section 552.024 or 552.1175, as applicable; |
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(3) a current or former employee of the Texas |
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Department of Criminal Justice or of the predecessor in function of |
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the department or any division of the department, regardless of |
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whether the current or former employee complies with Section |
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552.1175; |
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(4) a peace officer as defined by Article 2.12, Code of |
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Criminal Procedure, or other law, a reserve law enforcement |
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officer, a commissioned deputy game warden, or a corrections |
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officer in a municipal, county, or state penal institution in this |
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state who was killed in the line of duty, regardless of whether the |
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deceased complied with Section 552.024 or 552.1175; |
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(5) a commissioned security officer as defined by |
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Section 1702.002, Occupations Code, regardless of whether the |
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officer complies with Section 552.024 or 552.1175, as applicable; |
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(6) an officer or employee of a community supervision |
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and corrections department established under Chapter 76 who |
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performs a duty described by Section 76.004(b), regardless of |
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whether the officer or employee complies with Section 552.024 or |
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552.1175; |
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(7) a current or former employee of the office of the |
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attorney general who is or was assigned to a division of that office |
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the duties of which involve law enforcement, regardless of whether |
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the current or former employee complies with Section 552.024 or |
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552.1175; |
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(8) a current or former employee of the Texas Juvenile |
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Justice Department or of the predecessors in function of the |
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department, regardless of whether the current or former employee |
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complies with Section 552.024 or 552.1175; |
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(9) a current or former juvenile probation or |
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supervision officer certified by the Texas Juvenile Justice |
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Department, or the predecessors in function of the department, |
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under Title 12, Human Resources Code, regardless of whether the |
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current or former officer complies with Section 552.024 or |
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552.1175; |
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(10) a current or former employee of a juvenile |
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justice program or facility, as those terms are defined by Section |
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261.405, Family Code, regardless of whether the current or former |
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employee complies with Section 552.024 or 552.1175; |
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(11) a current or former member of the Texas military |
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forces, as that term is defined by Section 437.001; |
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(12) a current or former district attorney, criminal |
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district attorney, or county or municipal attorney whose |
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jurisdiction includes any criminal law or child protective services |
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matters, regardless of whether the current or former attorney |
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complies with Section 552.024 or 552.1175; [or] |
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(13) a current or former employee of a district |
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attorney, criminal district attorney, or county or municipal |
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attorney whose jurisdiction includes any criminal law or child |
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protective services matters, regardless of whether the current or |
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former employee complies with Section 552.024 or 552.1175; |
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(14) [(12)] a current or former employee of the Texas |
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Civil Commitment Office or of the predecessor in function of the |
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office or a division of the office, regardless of whether the |
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current or former employee complies with Section 552.024 or |
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552.1175; |
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(15) [(12)] a current or former federal judge or state |
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judge, as those terms are defined by Section 1.005 [13.0021(a)], |
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Election Code, or a spouse of a current or former federal judge or |
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state judge; or |
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(16) a current or former United States attorney or |
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assistant United States attorney and the spouse or child of the |
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attorney [(13)
a current or former district attorney, criminal
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district attorney, or county attorney whose jurisdiction includes
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any criminal law or child protective services matter]. |
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SECTION 8. Section 552.1175(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to: |
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(1) peace officers as defined by Article 2.12, Code of |
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Criminal Procedure, or special investigators as described by |
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Article 2.122, Code of Criminal Procedure; |
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(2) county jailers as defined by Section 1701.001, |
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Occupations Code; |
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(3) current or former employees of the Texas |
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Department of Criminal Justice or of the predecessor in function of |
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the department or any division of the department; |
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(4) commissioned security officers as defined by |
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Section 1702.002, Occupations Code; |
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(5) a current or former district attorney, criminal |
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district attorney, or county or municipal attorney whose |
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jurisdiction includes any criminal law or child protective services |
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matters; |
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(5-a) a current or former employee of a district |
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attorney, criminal district attorney, or county or municipal |
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attorney whose jurisdiction includes any criminal law or child |
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protective services matters; |
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(6) officers and employees of a community supervision |
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and corrections department established under Chapter 76 who perform |
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a duty described by Section 76.004(b); |
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(7) criminal investigators of the United States as |
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described by Article 2.122(a), Code of Criminal Procedure; |
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(8) police officers and inspectors of the United |
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States Federal Protective Service; |
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(9) current and former employees of the office of the |
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attorney general who are or were assigned to a division of that |
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office the duties of which involve law enforcement; |
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(10) current or former juvenile probation and |
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detention officers certified by the Texas Juvenile Justice |
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Department, or the predecessors in function of the department, |
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under Title 12, Human Resources Code; |
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(11) current or former employees of a juvenile justice |
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program or facility, as those terms are defined by Section 261.405, |
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Family Code; |
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(12) current or former employees of the Texas Juvenile |
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Justice Department or the predecessors in function of the |
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department; |
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(13) federal judges and state judges as defined by |
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Section 1.005 [13.0021], Election Code; and |
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(14) current or former employees of the Texas Civil |
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Commitment Office or of the predecessor in function of the office or |
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a division of the office. |
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SECTION 9. The change in law made by this Act to Section |
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552.1175, Government Code, applies only to a request for |
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information that is received by a governmental body or an officer on |
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or after the effective date of this Act. A request for information |
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that was received before the effective date of this Act is governed |
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by the law in effect on the date the request was received, and the |
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former law is continued in effect for that purpose. |
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SECTION 10. Sections 13.0021(a) and 15.0215(a), Election |
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Code, are repealed. |
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SECTION 11. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2910 was passed by the House on April |
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18, 2019, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2910 on May 24, 2019, by the following vote: Yeas 141, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2910 was passed by the Senate, with |
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amendments, on May 22, 2019, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |