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.