Bill Text: TX HB4347 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to address confidentiality on certain documents for certain federal officials and family members of certain federal officials or federal or state court judges.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2021-03-29 - Referred to Judiciary & Civil Jurisprudence [HB4347 Detail]

Download: Texas-2021-HB4347-Introduced.html

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87R8398 CAE-D
By: Hefner H.B. No. 4347

A BILL TO BE ENTITLED
AN ACT
relating to address confidentiality on certain documents for
certain federal officials and family members of certain federal
officials or federal or state court judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.0021, Election Code, is amended to
read as follows:
Sec. 13.0021. ADDITIONAL REGISTRATION INFORMATION FROM
CERTAIN FEDERAL AND STATE JUDGES, FEDERAL OFFICIALS, AND FAMILY
MEMBERS. (a) In this section, "family member" has the meaning
assigned by Section 31.006, Finance Code.
(b) If the registration applicant is a federal judge,
including a federal bankruptcy judge, a state judge, a marshal of
the United States Marshals Service, a United States attorney, or a
family member [the spouse] of a state judge, [or] a federal judge,
including a federal bankruptcy judge, a marshal of the United
States Marshals Service, or a United States attorney, the registrar
of the county shall omit the applicant's residence address from the
registration list.
SECTION 2. Section 13.004(c), Election Code, as amended by
Chapters 469 (H.B. 4173), 489 (H.B. 3100), and 1146 (H.B. 2910),
Acts of the 86th Legislature, Regular Session, 2019, is reenacted
and amended to read as follows:
(c) The following information furnished on a registration
application is confidential and does not constitute public
information for purposes of Chapter 552, Government Code:
(1) a social security number;
(2) a Texas driver's license number;
(3) a number of a personal identification card issued
by the Department of Public Safety;
(4) an indication that an applicant is interested in
working as an election judge;
(5) the residence address of the applicant, if the
applicant is a federal judge, including a federal bankruptcy judge,
a marshal of the United States Marshals Service, a United States
attorney, or a state judge, a family member [the spouse] of a
federal judge, including a federal bankruptcy judge, a marshal of
the United States Marshals Service, a United States attorney, or a
state judge, the spouse of a peace officer as defined by Article
2.12, Code of Criminal Procedure, or an individual to whom Section
552.1175, Government Code, or Section 521.1211, Transportation
Code, applies and the applicant:
(A) included an affidavit with the registration
application describing the applicant's status under this
subdivision, if the applicant is a federal judge, including a
federal bankruptcy judge, a marshal of the United States Marshals
Service, a United States attorney, or a state judge or a family
member [the spouse] of a federal judge, including a federal
bankruptcy judge, a marshal of the United States Marshals Service,
a United States attorney, or a state judge;
(B) provided the registrar with an affidavit
describing the applicant's status under this subdivision, if the
applicant is a federal judge, including a federal bankruptcy judge,
a marshal of the United States Marshals Service, a United States
attorney, or a state judge or a family member [the spouse] of a
federal judge, including a federal bankruptcy judge, a marshal of
the United States Marshals Service, a United States attorney, or a
state judge; or
(C) provided the registrar with a completed form
approved by the secretary of state for the purpose of notifying the
registrar of the applicant's status under this subdivision;
(6) the residence address of the applicant, if the
applicant, the applicant's child, or another person in the
applicant's household is a victim of family violence as defined by
Section 71.004, Family Code, who provided the registrar with:
(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 applicant, the applicant's child, or
another person in the applicant's household is a victim of family
violence;
(7) the residence address of the applicant, if the
applicant, the applicant's child, or another person in the
applicant's household is a victim of sexual assault or abuse,
stalking, or trafficking of persons who provided the registrar
with:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B, 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 applicant, the applicant's child, or
another person in the applicant's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(8) the residence address of the applicant, if the
applicant:
(A) is a participant in the address
confidentiality program administered by the attorney general under
Subchapter B, Chapter 58, Code of Criminal Procedure; and
(B) provided the registrar with proof of
certification under Article 58.059, Code of Criminal Procedure; or
(9) the telephone number of any applicant submitting
documentation under Subdivision (5), (6), (7), or (8).
SECTION 3. Section 13.004, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) In this section, "family member" has the meaning
assigned by Section 31.006, Finance Code.
SECTION 4. The heading to Section 15.0215, Election Code,
is amended to read as follows:
Sec. 15.0215. OMISSION OF ADDRESS FOR FEDERAL [JUDGE] OR
STATE JUDGE, FEDERAL OFFICIAL, AND FAMILY MEMBER [SPOUSE].
SECTION 5. Section 15.0215, Election Code, is amended by
adding Subsection (a) and amending Subsection (b) to read as
follows:
(a) In this section, "family member" has the meaning
assigned by Section 31.006, Finance Code.
(b) On receiving notice from the Office of Court
Administration of the Texas Judicial System of the person's
qualification for office as a federal judge, including a federal
bankruptcy judge, a marshal of the United States Marshals Service,
a United States attorney, or a state judge and of the names [name]
of the judge's or federal official's family members [spouse], if
applicable, the registrar of the county in which the judge resides
shall:
(1) omit from the registration list the residence
address of the judge or official and any family members [the spouse]
of the judge or official; and
(2) prepare a memorandum of the notice, indicating the
substance and date of the notification, and retain the memorandum
on file with the application.
SECTION 6. Section 254.0313, Election Code, is amended to
read as follows:
Sec. 254.0313. OMISSION OF ADDRESS FOR JUDGE AND FAMILY
MEMBER [SPOUSE]. (a) In this section, "family member" has the
meaning assigned by Section 31.006, Finance Code ["federal judge"
and "state judge" have the meanings assigned by Section 13.0021].
(b) On receiving notice from the Office of Court
Administration of the Texas Judicial System of a judge's
qualification for office or on receipt of a written request from a
federal judge, including a federal bankruptcy judge, a state judge,
or a family member [spouse] of a federal judge, including a federal
bankruptcy judge, or a state judge, the commission shall remove or
redact the residence address of a federal judge, including a
federal bankruptcy judge, a state judge, or the family member
[spouse] of a federal judge, including a federal bankruptcy judge,
or a state judge from any report filed by the judge in the judge's
capacity or made available on the Internet under this chapter.
SECTION 7. Section 411.179, Government Code, is amended by
amending Subsections (a) and (d) and adding Subsection (f) to read
as follows:
(a) The department by rule shall adopt the form of the
license. A license must include:
(1) a number assigned to the license holder by the
department;
(2) a statement of the period for which the license is
effective;
(3) a photograph of the license holder;
(4) the license holder's full name, date of birth, hair
and eye color, height, weight, and signature;
(5) the license holder's residence address or, as
provided by Subsection (d), the street address of the courthouse in
which the license holder or license holder's spouse or parent
serves as a federal judge or the license holder serves as a state
judge;
(6) the number of a driver's license or an
identification certificate issued to the license holder by the
department; and
(7) the designation "VETERAN" if required under
Subsection (e).
(d) In adopting the form of the license under Subsection
(a), the department shall establish a procedure for the license of a
federal judge, including a federal bankruptcy judge, a marshal of
the United States Marshals Service, a United States attorney, a
state judge, or a family member [the spouse] of a federal judge,
including a federal bankruptcy judge, a marshal of the United
States Marshals Service, a United States attorney, or a state judge
to omit the license holder's residence address and to include, in
lieu of that address, the street address of the courthouse in which
the license holder or license holder's spouse or parent serves as a
federal judge, including a federal bankruptcy judge, a marshal of
the United States Marshals Service, a United States attorney, or a
state judge. In establishing the procedure, the department shall
require sufficient documentary evidence to establish the license
holder's status as a federal judge, including a federal bankruptcy
judge, a marshal of the United States Marshals Service, a United
States attorney, or a state judge, or a family member [the spouse]
of a federal judge, including a federal bankruptcy judge, a marshal
of the United States Marshals Service, a United States attorney, or
a state judge.
(f) In this section, "family member" has the meaning
assigned by Section 31.006, Finance Code.
SECTION 8. Section 552.117(a), Government Code, as
reenacted and amended by Chapters 367 (H.B. 1351), 633 (S.B. 1494),
1146 (H.B. 2910), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the
86th Legislature, Regular Session, 2019, 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;
(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;
(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) 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; [or]
(15) a current or former federal judge or state judge,
as those terms are defined by Section 1.005, Election Code, a
federal bankruptcy judge, a marshal of the United States Marshals
Service, a United States attorney, or a family member [spouse] of a
current or former federal judge, including a federal bankruptcy
judge, a marshal of the United States Marshals Service, a United
States attorney, or a state judge;
(16) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services, regardless of
whether the caseworker or investigator complies with Section
552.024 or 552.1175, or a current or former employee of a department
contractor performing child protective services caseworker, adult
protective services caseworker, or investigator functions for the
contractor on behalf of the department; [or]
(17) [(16)] a state officer elected statewide or a
member of the legislature, regardless of whether the officer or
member complies with Section 552.024 or 552.1175;
(18) [(16)] a current or former United States attorney
or assistant United States attorney and the spouse or child of the
attorney; or
(19) [(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.
SECTION 9. Section 552.117, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) In this section, "family member" has the meaning
assigned by Section 31.006, Finance Code.
SECTION 10. Section 572.035, Government Code, is amended
to read as follows:
Sec. 572.035. REMOVAL OF PERSONAL INFORMATION FOR FEDERAL
JUDGES, STATE JUDGES, AND FAMILY MEMBERS [SPOUSES]. (a) On
receiving notice from the Office of Court Administration of the
Texas Judicial System of the judge's qualification for the judge's
office, the commission shall remove or redact from any financial
statement, or information derived from a financial statement, that
is available to the public the residence address of a federal judge,
including a federal bankruptcy judge, a state judge, or a family
member [the spouse] of a federal judge, including a federal
bankruptcy judge, or a state judge.
(b) In this section, "family member" has the meaning
assigned by Section 31.006, Finance Code.
SECTION 11. Section 145.007, Local Government Code, is
amended by amending Subsection (d) and adding Subsection (e) to
read as follows:
(d) On the written request of a municipal court judge of the
municipality or a candidate for municipal court judge, the clerk or
secretary of the municipality shall remove or redact the residence
address of the municipal court judge, municipal court judge's
family member [spouse], or candidate for the office of municipal
court judge, from a financial statement filed under this chapter
before the financial statement is made available to a member of the
public.
(e) In this section, "family member" has the meaning
assigned by Section 31.006, Finance Code.
SECTION 12. Section 159.071, Local Government Code, is
amended to read as follows:
Sec. 159.071. OMISSION OF ADDRESS. (a) In this section:
(1) "County attorney" means a county attorney whose
jurisdiction includes any criminal law or child protective services
matter.
(2) "Family member" has the meaning assigned by
Section 31.006, Finance Code.
(3) "State judge" has the meaning assigned by Section
1.005 [13.0021], Election Code.
(b) On receiving notice from the Office of Court
Administration of the Texas Judicial System of a county attorney's
or state judge's qualifications for office or on receipt of a
written request from a county attorney, state judge, spouse of a
county attorney, family member of a [or] state judge, or candidate
for the office of county attorney or state judge, the county clerk
shall remove or redact the residence address of the county
attorney, state judge, spouse of a county attorney, family member
of a [or] state judge, or candidate for the office of county
attorney or state judge from any report filed under this chapter by
the county attorney, state judge, or candidate before the statement
is made available to a member of the public.
SECTION 13. Section 11.008(j), Property Code, is amended to
read as follows:
(j) On receipt of a written request from a federal judge,
including a federal bankruptcy judge, a marshal of the United
States Marshals Service, a United States attorney, a state judge as
defined by Section 572.002, Government Code, or a family member as
defined by Section 31.006, Finance Code, [spouse] of a federal
judge, marshal, attorney, or state judge, the county clerk shall
omit or redact from an instrument described by this section that is
available in an online database made public by the county clerk, or
by a provider with which the county commissioners court contracts
to provide the online database, social security number, driver's
license number, and residence address of the federal judge,
marshal, attorney, state judge, or family member [spouse] of the
federal judge, marshal, attorney, or state judge.
SECTION 14. Section 25.025(a), Tax Code, as reenacted and
amended by Chapters 467 (H.B. 4170), 469 (H.B. 4173), 633 (S.B.
1494), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the 86th
Legislature, Regular Session, 2019, 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) 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
Subchapter A or B, Chapter 7B, 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) a participant in the address confidentiality
program administered by the attorney general under Subchapter B,
Chapter 58, Code of Criminal Procedure, who provides proof of
certification under Article 58.059, Code of Criminal Procedure;
(9) a federal judge, a federal bankruptcy judge, a
marshal of the United States Marshals Service, a state judge, or a
family member [the spouse] of a federal judge, a federal bankruptcy
judge, a marshal of the United States Marshals Service, or a 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) 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) 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) a criminal investigator of the United States as
described by Article 2.122(a), Code of Criminal Procedure;
(14) a police officer or inspector of the United
States Federal Protective Service;
(15) a current or former United States attorney or
assistant United States attorney and the spouse and child of the
attorney;
(16) 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) 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) 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) a current or former employee of the Texas
Juvenile Justice Department or of the predecessors in function of
the department;
(20) 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) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code;
(22) a current or former employee of the Texas Civil
Commitment Office or the predecessor in function of the office or a
division of the office; [and]
(23) a current or former employee of a federal judge or
state judge;
(24) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services or a current or
former employee of a department contractor performing child
protective services caseworker, adult protective services
caseworker, or investigator functions for the contractor on behalf
of the department; [and]
(25) [(24)] a state officer elected statewide or a
member of the legislature; and
(26) [(24)] a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code.
SECTION 15. Section 25.025(a-1), Tax Code, is amended to
read as follows:
(a-1) In this section:
(1) "Family member" has the meaning assigned by
Section 31.006, Finance Code.
(2) "Federal judge" means:
(A) a judge, former judge, or retired judge of a
United States court of appeals;
(B) a judge, former judge, or retired judge of a
United States district court;
(C) a judge, former judge, or retired judge of a
United States bankruptcy court; or
(D) a magistrate judge, former magistrate judge,
or retired magistrate judge of a United States district court.
(3) [(2)] "State judge" means:
(A) a judge, former judge, or retired judge of an
appellate court, a district court, a statutory probate court, a
constitutional county court, or a county court at law of this state;
(B) an associate judge appointed under Chapter
201, Family Code, or Chapter 54A, Government Code, or a retired
associate judge or former associate judge appointed under either
law;
(C) a justice of the peace;
(D) a master, magistrate, referee, hearing
officer, or associate judge appointed under Chapter 54, Government
Code; or
(E) a municipal court judge.
SECTION 16. Section 521.054, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (e) to
read as follows:
(a) This section applies to a person who:
(1) after applying for or being issued a license or
certificate moves to a new residence address;
(2) has used the procedure under Section 521.121(c)
and whose status as a federal judge, including a federal bankruptcy
judge, a marshal of the United States Marshals Service, a United
States attorney, a state judge, or a family member [the spouse] of a
federal judge, including a federal bankruptcy judge, a marshal of
the United States Marshals Service, a United States attorney, or a
state judge becomes inapplicable; or
(3) changes the person's name by marriage or
otherwise.
(e) In this section, "family member" has the meaning
assigned by Section 31.006, Finance Code.
SECTION 17. Section 521.121, Transportation Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(f) to read as follows:
(a) The driver's license must include:
(1) a distinguishing number assigned by the department
to the license holder;
(2) a photograph of the entire face of the holder;
(3) the full name and date of birth of the holder;
(4) a brief description of the holder; and
(5) the license holder's residence address or, for a
license holder using the procedure under Subsection (c), the street
address of the courthouse in which the license holder or license
holder's spouse or parent serves as a federal judge, including a
federal bankruptcy judge, a marshal of the United States Marshals
Service, a United States attorney, or a state judge.
(c) The department shall establish a procedure, on a license
holder's qualification for or appointment to office as a federal or
state judge as defined by Section 1.005 [13.0021], Election Code,
or as a federal bankruptcy judge, a marshal of the United States
Marshals Service, or a United States attorney, to omit the
residence address of the judge or official and any family member
[the spouse] of the judge or official on the license holder's
license and to include, in lieu of that address, the street address
of the courthouse or office building in which the license holder or
license holder's spouse or parent serves as a federal [judge] or
state judge or official.
(f) In this section, "family member" has the meaning
assigned by Section 31.006, Finance Code.
SECTION 18. Section 521.142, Transportation Code, is
amended by amending Subsection (c) and adding Subsection (j) to
read as follows:
(c) The application must state:
(1) the sex of the applicant;
(2) the residence address of the applicant, or if the
applicant is a federal judge, including a federal bankruptcy judge,
a marshal of the United States Marshals Service, a United States
attorney, or a state judge, or a family member [the spouse] of a
federal judge, including a federal bankruptcy judge, a marshal of
the United States Marshals Service, a United States attorney, or a
state judge using the procedure developed under Section 521.121(c),
the street address of the courthouse or office building in which the
applicant or the applicant's spouse or parent serves as a federal
judge, including a federal bankruptcy judge, a marshal of the
United States Marshals Service, a United States attorney, or a
state judge;
(3) whether the applicant has been licensed to drive a
motor vehicle before;
(4) if previously licensed, when and by what state or
country;
(5) whether that license has been suspended or revoked
or a license application denied;
(6) the date and reason for the suspension,
revocation, or denial;
(7) whether the applicant is a citizen of the United
States; and
(8) the county of residence of the applicant.
(j) In this section, "family member" has the meaning
assigned by Section 31.006, Finance Code.
SECTION 19. This Act takes effect September 1, 2021.