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.