74R7513 JD-D
          By Hightower, et al.                                   H.B. No. 949
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the availability to certain incarcerated individuals of
    1-3  public records or personal information pertaining to certain other
    1-4  individuals.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter B, Chapter 552, Government Code, is
    1-7  amended by adding Section 552.027 to read as follows:
    1-8        Sec. 552.027.  REQUEST FOR INFORMATION FROM INCARCERATED
    1-9  INDIVIDUAL.  (a)  A governmental body is not required to accept or
   1-10  comply with a request for information from an individual who is
   1-11  imprisoned or confined in a correctional facility.
   1-12        (b)  Subsection (a) does not prohibit a governmental body
   1-13  from disclosing to an individual described by that subsection
   1-14  information held by the governmental body pertaining to that
   1-15  individual.
   1-16        (c)  In this section, "correctional facility" has the meaning
   1-17  assigned by Section 1.07(a), Penal Code.
   1-18        SECTION 2.  Chapter 30, Civil Practice and Remedies Code, is
   1-19  amended by adding Section 30.07 to read as follows:
   1-20        Sec. 30.07.  PERSONAL IDENTIFYING INFORMATION PRIVILEGED FROM
   1-21  DISCOVERY BY INMATE.  (a)  Personal identifying information
   1-22  pertaining to an individual, including the individual's home
   1-23  address, home telephone number, and social security account number,
   1-24  is privileged from discovery by an individual who is imprisoned or
    2-1  confined in any correctional facility if the individual to whom the
    2-2  information pertains is:
    2-3              (1)  an  employee of any correctional facility; or
    2-4              (2)  related within the first degree by consanguinity
    2-5  or affinity to an individual who is an employee of any correctional
    2-6  facility.
    2-7        (b)  Personal identifying information that is privileged
    2-8  under this section may be discovered by an individual who is
    2-9  imprisoned or confined in a correctional facility only if:
   2-10              (1)  the incarcerated individual shows good cause to
   2-11  the court for the discovery of the information; and
   2-12              (2)  the court renders an order that authorizes
   2-13  discovery of the information.
   2-14        (c)  In this section, "correctional facility" has the meaning
   2-15  assigned by Section 1.07(a), Penal Code.
   2-16        (d)  Notwithstanding Section 22.004, Government Code, the
   2-17  supreme court may not amend or adopt rules in conflict with this
   2-18  section.
   2-19        SECTION 3.  The change in law made by Section 2 of this Act
   2-20  applies only to a cause of action that accrues on or after the
   2-21  effective date of this Act.  A cause of action that accrues before
   2-22  the effective date of this Act is governed by the law in effect
   2-23  when the cause of action accrues and the former law is continued in
   2-24  effect for that purpose.
   2-25        SECTION 4.  The importance of this legislation and the
   2-26  crowded condition of the calendars in both houses create an
   2-27  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended,
    3-3  and that this Act take effect and be in force from and after its
    3-4  passage, and it is so enacted.