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. 1-62 * * * * *