H.B. No. 949
1-1 AN ACT
1-2 relating to the ability of incarcerated individuals to access and
1-3 use certain public records or personal information pertaining to
1-4 certain other individuals; providing a penalty.
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. Chapter 38, Penal Code, is amended by adding
2-20 Section 38.111 to read as follows:
2-21 Sec. 38.111. INMATE MISUSE OF INFORMATION GAINED THROUGH
2-22 WORK PROGRAM. (a) An inmate of the institutional division or a
2-23 person confined in a state jail felony facility commits an offense
2-24 if with intent to obtain a benefit or with intent to harm or
2-25 defraud another the inmate or person discloses or uses personal
2-26 information about another that the inmate or person has access to
2-27 by means of participation in a work program operated by or for the
3-1 institutional division or state jail division.
3-2 (b) An offense under this section is a felony of the third
3-3 degree.
3-4 SECTION 4. Subchapter E, Chapter 497, Government Code, is
3-5 amended by adding Section 497.097 to read as follows:
3-6 Sec. 497.097. PROHIBITION FROM PARTICIPATION IN CERTAIN WORK
3-7 PROGRAMS. An inmate who has been convicted of an offense under
3-8 Section 38.111, Penal Code, is prohibited from subsequently
3-9 participating in any work program operated by the institutional
3-10 division that provides inmates with access to personal information
3-11 about persons who are not confined in the institutional division.
3-12 SECTION 5. Chapter 498, Government Code, is amended by
3-13 adding Section 498.0041 to read as follows:
3-14 Sec. 498.0041. FORFEITURE FOR WORK PROGRAM VIOLATIONS. If
3-15 during a term of imprisonment an inmate is convicted of an offense
3-16 under Section 38.111, Penal Code, the director of the institutional
3-17 division shall forfeit all or any part of the inmate's accrued good
3-18 conduct time.
3-19 SECTION 6. Subchapter B, Chapter 507, Government Code, is
3-20 amended by adding Section 507.028 to read as follows:
3-21 Sec. 507.028. PROHIBITION FROM PARTICIPATION IN CERTAIN WORK
3-22 PROGRAMS. A defendant confined in a state jail felony facility who
3-23 has been convicted of an offense under Section 38.111, Penal Code,
3-24 is prohibited from subsequently participating in any work program
3-25 operated by the state jail division that provides defendants with
3-26 access to personal information about persons who are not confined
3-27 in a state jail felony facility.
4-1 SECTION 7. The change in law made by Section 2 of this Act
4-2 applies only to a cause of action that accrues on or after the
4-3 effective date of this Act. A cause of action that accrues before
4-4 the effective date of this Act is governed by the law in effect
4-5 when the cause of action accrues and the former law is continued in
4-6 effect for that purpose.
4-7 SECTION 8. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended,
4-12 and that this Act take effect and be in force from and after its
4-13 passage, and it is so enacted.