Bill Text: TX HB3846 | 2015-2016 | 84th Legislature | Comm Sub


Bill Title: Relating to the confidentiality of certain information regarding procedures and substances used in the execution of a convict.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2015-05-14 - Laid on the table subject to call [HB3846 Detail]

Download: Texas-2015-HB3846-Comm_Sub.html
  84R20154 SRS-D
 
  By: Smithee H.B. No. 3846
 
  Substitute the following for H.B. No. 3846:
 
  By:  Elkins C.S.H.B. No. 3846
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the confidentiality of certain information regarding
  procedures and substances used in the execution of a convict.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 552, Government Code, is
  amended by adding Section 552.1081 to read as follows:
         Sec. 552.1081.  EXCEPTION: CONFIDENTIALITY OF CERTAIN
  INFORMATION REGARDING EXECUTION OF CONVICT. Information is
  excepted from the requirements of Section 552.021 if it contains
  identifying information under Article 43.14, Code of Criminal
  Procedure, including that of: 
               (1)  any person who participates in an execution
  procedure, including a person who uses, supplies, or administers a
  substance during the execution; and 
               (2)  any person or entity that manufactures,
  transports, tests, procures, compounds, prescribes, dispenses, or
  provides a substance or supplies used in an execution.
         SECTION 2.  Article 43.14, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 43.14.  EXECUTION OF CONVICT: CONFIDENTIAL INFORMATION
  [CONVICT]. (a) Whenever the sentence of death is pronounced
  against a convict, the sentence shall be executed at any time after
  the hour of 6 p.m. on the day set for the execution, by intravenous
  injection of a substance or substances in a lethal quantity
  sufficient to cause death and until such convict is dead, such
  execution procedure to be determined and supervised by the director
  of the correctional institutions division of the Texas Department
  of Criminal Justice.
         (b)  The name, address, and other identifying information of
  the following is confidential and excepted from disclosure under
  Section 552.021, Government Code: 
               (1)  any person who participates in an execution
  procedure described by Subsection (a), including a person who uses,
  supplies, or administers a substance during the execution; and 
               (2)  any person or entity that manufactures,
  transports, tests, procures, compounds, prescribes, dispenses, or
  provides a substance or supplies used in an execution. 
         SECTION 3.  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 for public information 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 4.  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, 2015.
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