BILL ANALYSIS
H.B. 949
By: Hightower (Turner)
Criminal Justice
05-10-95
Senate Committee Report (Unamended)
BACKGROUND
Currently, Texas inmates are able to receive information through
Chapter 551, Government Code (Open Records Act). Through this
avenue, inmates have been using information obtained through
Chapter 551 to file bogus income tax returns on correctional
officers, harass nurses at their home addresses, and send mail to
the homes of Texas Department of Criminal Justice employees.
Currently, Michigan does not allow inmates access to certain
personal information regarding TDCJ employees and their families.
PURPOSE
As proposed, H.B. 949 provides that a governmental body is not
required to comply with a request for information of certain
incarcerated individuals. Provides that personal information about
an employee of the Texas Department of Criminal Justice or a family
member of an employee is privileged from civil discovery by an
inmate.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 552B, Government Code, by adding Section
552.027, as follows:
Sec. 552.027. REQUEST FOR INFORMATION FROM INCARCERATED
INDIVIDUAL. (a) Provides that a governmental body is not
required to accept or comply with a request for information
from an individual who is imprisoned or confined in a
correctional facility.
(b) Provides that Subsection (a) does not prohibit a
governmental body from disclosing to an individual described
by that subsection information held by the governmental body
pertaining to that individual.
(c) Defines "correctional facility."
SECTION 2. Amends Chapter 30, Civil Practice and Remedies Code, by
adding Section 30.07, as follows:
Sec. 30.07. PERSONAL IDENTIFYING INFORMATION PRIVILEGED FROM
DISCOVERY BY INMATE. (a) Provides that certain personal
identifying information pertaining to an individual is
privileged from discovery by an individual who is imprisoned
or confined in any correctional facility if the individual to
whom the information pertains is an employee of any
correctional facility or related within the first degree by
consanguinity or affinity to an individual who is an employee
of any correctional facility.
(b) Authorizes personal identifying information that is
privileged under this section to be discovered by an
individual who is imprisoned or confined in a correctional
facility only if the incarcerated individual shows good
cause to the court for the discovery of the information and
the court renders an order that authorizes the discovery of
the information.
(c) Defines "correctional facility."
(d) Prohibits the supreme court from amending or adopting
rules in conflict with this section.
SECTION 3. Makes application of Section 2 of this Act prospective.
SECTION 4. Emergency clause.
Effective date: upon passage.