Bill Text: TX SB56 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the availability of personal information of a current or former federal prosecutor or public defender.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-11-09 - Filed [SB56 Detail]

Download: Texas-2021-SB56-Introduced.html
  87R2336 BEF-D
 
  By: Zaffirini S.B. No. 56
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the availability of personal information of a current
  or former federal prosecutor or public defender.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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, or a
  spouse of a current or former federal judge or 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, federal public
  defender, deputy federal public defender, or assistant federal
  public defender and the spouse or child of the current or former 
  attorney or public defender, regardless of whether the person
  complies with Section 552.024 or 552.1175; 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 2.  Section 552.1175(a), Government Code, as 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)  This section applies only to:
               (1)  peace officers as defined by Article 2.12, Code of
  Criminal Procedure, or special investigators as described by
  Article 2.122, 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 1.005, Election Code;
               (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 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;
               (16) [(15)]  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]
               (17) [(15)]  state officers elected statewide and
  members of the legislature;
               (18) [(15)]  a firefighter or volunteer firefighter or
  emergency medical services personnel as defined by Section 773.003,
  Health and Safety Code; and
               (19)  a current or former United States attorney,
  assistant United States attorney, federal public defender, deputy
  federal public defender, or assistant federal public defender.
         SECTION 3.  Section 25.025(a), Tax Code, as 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 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)  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, federal public defender, deputy
  federal public defender, or assistant federal public defender and
  the spouse and child of the attorney or public defender;
               (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 4.  The changes in law made by this Act to Sections
  552.117 and 552.1175, Government Code, and Section 25.025, Tax
  Code, 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 5.  To the extent of any conflict, this Act prevails
  over another Act of the 87th Legislature, Regular Session, 2021,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 6.  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, 2021.
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