74R7513 JD-D By Hightower, et al. H.B. No. 949 Substitute the following for H.B. No. 949: By Telford C.S.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.