1-1  By:  Hightower, et al. (Senate Sponsor - Turner)       H.B. No. 949
    1-2        (In the Senate - Received from the House March 23, 1995;
    1-3  March 27, 1995, read first time and referred to Committee on
    1-4  Criminal Justice; May 10, 1995, reported favorably by the following
    1-5  vote:  Yeas 5, Nays 0; May 10, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the availability to certain incarcerated individuals of
    1-9  public records or personal information pertaining to certain other
   1-10  individuals.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Subchapter B, Chapter 552, Government Code, is
   1-13  amended by adding Section 552.027 to read as follows:
   1-14        Sec. 552.027.  REQUEST FOR INFORMATION FROM INCARCERATED
   1-15  INDIVIDUAL.  (a)  A governmental body is not required to accept or
   1-16  comply with a request for information from an individual who is
   1-17  imprisoned or confined in a correctional facility.
   1-18        (b)  Subsection (a) does not prohibit a governmental body
   1-19  from disclosing to an individual described by that subsection
   1-20  information held by the governmental body pertaining to that
   1-21  individual.
   1-22        (c)  In this section, "correctional facility" has the meaning
   1-23  assigned by Section 1.07(a), Penal Code.
   1-24        SECTION 2.  Chapter 30, Civil Practice and Remedies Code, is
   1-25  amended by adding Section 30.07 to read as follows:
   1-26        Sec. 30.07.  PERSONAL IDENTIFYING INFORMATION PRIVILEGED FROM
   1-27  DISCOVERY BY INMATE.  (a)  Personal identifying information
   1-28  pertaining to an individual, including the individual's home
   1-29  address, home telephone number, and social security account number,
   1-30  is privileged from discovery by an individual who is imprisoned or
   1-31  confined in any correctional facility if the individual to whom the
   1-32  information pertains is:
   1-33              (1)  an  employee of any correctional facility; or
   1-34              (2)  related within the first degree by consanguinity
   1-35  or affinity to an individual who is an employee of any correctional
   1-36  facility.
   1-37        (b)  Personal identifying information that is privileged
   1-38  under this section may be discovered by an individual who is
   1-39  imprisoned or confined in a correctional facility only if:
   1-40              (1)  the incarcerated individual shows good cause to
   1-41  the court for the discovery of the information; and
   1-42              (2)  the court renders an order that authorizes
   1-43  discovery of the information.
   1-44        (c)  In this section, "correctional facility" has the meaning
   1-45  assigned by Section 1.07(a), Penal Code.
   1-46        (d)  Notwithstanding Section 22.004, Government Code, the
   1-47  supreme court may not amend or adopt rules in conflict with this
   1-48  section.
   1-49        SECTION 3.  The change in law made by Section 2 of this Act
   1-50  applies only to a cause of action that accrues on or after the
   1-51  effective date of this Act.  A cause of action that accrues before
   1-52  the effective date of this Act is governed by the law in effect
   1-53  when the cause of action accrues and the former law is continued in
   1-54  effect for that purpose.
   1-55        SECTION 4.  The importance of this legislation and the
   1-56  crowded condition of the calendars in both houses create an
   1-57  emergency and an imperative public necessity that the
   1-58  constitutional rule requiring bills to be read on three several
   1-59  days in each house be suspended, and this rule is hereby suspended,
   1-60  and that this Act take effect and be in force from and after its
   1-61  passage, and it is so enacted.
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