Bill Text: TX SB1770 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to an exception to required disclosure under the public information law for certain electronic information held by a prosecutor, law enforcement agency, or corrections agency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to Criminal Justice [SB1770 Detail]
Download: Texas-2023-SB1770-Introduced.html
| 88R6013 BEF-D | ||
| By: King | S.B. No. 1770 | |
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| relating to an exception to required disclosure under the public | ||
| information law for certain electronic information held by a | ||
| prosecutor, law enforcement agency, or corrections agency. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 552, Government Code, is | ||
| amended by adding Section 552.1082 to read as follows: | ||
| Sec. 552.1082. EXCEPTION: CERTAIN ELECTRONIC INFORMATION | ||
| HELD BY PROSECUTOR, LAW ENFORCEMENT AGENCY, OR CORRECTIONS AGENCY. | ||
| (a) Information held by a prosecutor, law enforcement agency, or | ||
| corrections agency is excepted from the requirements of Section | ||
| 552.021 if the information: | ||
| (1) was obtained, or is a copy of information | ||
| obtained, from: | ||
| (A) an electronic communication device; | ||
| (B) a computer, tablet, or other similar device; | ||
| or | ||
| (C) a disk, flash drive, or other electronic | ||
| storage device; | ||
| (2) was obtained by any prosecutor, law enforcement | ||
| agency, or corrections agency: | ||
| (A) during the course of the detection, | ||
| investigation, or prosecution of a crime; or | ||
| (B) in a manner related to the detection, | ||
| investigation, or prosecution of a crime; and | ||
| (3) was not written or produced by a prosecutor, law | ||
| enforcement agency, or corrections agency. | ||
| (b) Subject to Subsection (c), a governmental body may | ||
| redact information described by Subsection (a) from any information | ||
| the governmental body discloses under Section 552.021 without the | ||
| necessity of requesting a decision from the attorney general under | ||
| Subchapter G. | ||
| (c) A governmental body that redacts or withholds | ||
| information under Subsection (b) shall provide a written notice to | ||
| the requestor: | ||
| (1) stating that information is being withheld from | ||
| the requestor as provided by this section; | ||
| (2) identifying the device described by Subsection | ||
| (a)(1) from which the information was obtained; and | ||
| (3) including, if known, the name of the person who | ||
| owned or possessed the device from which the information was | ||
| obtained at the time the device was obtained by a prosecutor, law | ||
| enforcement agency, or corrections agency. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a request for public information received by the attorney | ||
| general under Chapter 552, Government Code, on or after the | ||
| effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
