Bill Text: TX SB841 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the availability of personal information of individuals who are honorably retired from certain law enforcement positions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-14 - Effective immediately [SB841 Detail]
Download: Texas-2021-SB841-Comm_Sub.html
Bill Title: Relating to the availability of personal information of individuals who are honorably retired from certain law enforcement positions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-14 - Effective immediately [SB841 Detail]
Download: Texas-2021-SB841-Comm_Sub.html
By: Hughes | S.B. No. 841 | |
(In the Senate - Filed February 26, 2021; March 11, 2021, | ||
read first time and referred to Committee on State Affairs; | ||
April 1, 2021, reported favorably by the following vote: Yeas 9, | ||
Nays 0; April 1, 2021, sent to printer.) | ||
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relating to the availability of personal information of individuals | ||
who are honorably retired from certain law enforcement positions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 552.003, Government Code, is amended by | ||
adding Subdivision (1-b) to read as follows: | ||
(1-b) "Honorably retired" means, with respect to a | ||
position, an individual who: | ||
(A) previously served but is not currently | ||
serving in the position; | ||
(B) did not retire in lieu of any disciplinary | ||
action; | ||
(C) was eligible to retire from the position or | ||
was ineligible to retire only as a result of an injury received in | ||
the course of the individual's employment in the position; and | ||
(D) is eligible to receive a pension or annuity | ||
for service in the position or is ineligible to receive a pension or | ||
annuity only because the entity that employed the individual does | ||
not offer a pension or annuity to its employees. | ||
SECTION 2. 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 current or honorably retired peace officer as | ||
defined by Article 2.12, Code of Criminal Procedure, or a current or | ||
honorably retired 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; [ |
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(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; [ |
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(17) [ |
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member of the legislature, regardless of whether the officer or | ||
member complies with Section 552.024 or 552.1175; | ||
(18) [ |
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or assistant United States attorney and the spouse or child of the | ||
attorney; or | ||
(19) [ |
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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 3. 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) current or honorably retired 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) current or honorably retired 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) current or honorably retired 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; [ |
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(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) [ |
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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; [ |
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(17) [ |
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members of the legislature; and | ||
(18) [ |
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emergency medical services personnel as defined by Section 773.003, | ||
Health and Safety Code. | ||
SECTION 4. 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 current or honorably retired 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 current or honorably retired 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; [ |
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(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; [ |
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(25) [ |
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member of the legislature; and | ||
(26) [ |
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emergency medical services personnel as defined by Section 773.003, | ||
Health and Safety Code. | ||
SECTION 5. Section 25.025(a-1), Tax Code, is amended by | ||
adding Subdivision (1-a) to read as follows: | ||
(1-a) "Honorably retired" means, with respect to a | ||
position, an individual who: | ||
(A) previously served but is not currently | ||
serving in the position; | ||
(B) did not retire in lieu of any disciplinary | ||
action; | ||
(C) was eligible to retire from the position or | ||
was ineligible to retire only as a result of an injury received in | ||
the course of the individual's employment in the position; and | ||
(D) is eligible to receive a pension or annuity | ||
for service in the position or is ineligible to receive a pension or | ||
annuity only because the entity that employed the individual does | ||
not offer a pension or annuity to its employees. | ||
SECTION 6. 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 7. 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 8. 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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