By Dutton                                             H.B. No. 1002

         75R1915 JRD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to access to certain law enforcement and prosecutorial

 1-3     records under the open records law.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 552.108, Government Code, is amended to

 1-6     read as follows:

 1-7           Sec. 552.108.  EXCEPTION:  CERTAIN LAW ENFORCEMENT AND

 1-8     PROSECUTORIAL INFORMATION.  (a)  Information held by a law

 1-9     enforcement agency or prosecutor that deals with the detection,

1-10     investigation, or prosecution of crime is excepted from the

1-11     requirements of Section 552.021 if release of the information would

1-12     unduly interfere with the detection, investigation, or prosecution

1-13     of crime.

1-14           (b)  An internal record or notation of a law enforcement

1-15     agency or prosecutor that is maintained for internal use in matters

1-16     relating to law enforcement or prosecution is excepted from the

1-17     requirements of Section 552.021 if release of the internal record

1-18     or notation would unduly interfere with law enforcement or

1-19     prosecution.

1-20           SECTION 2.  The change in law made by this Act to Section

1-21     552.108, Government Code, applies to information, records, and

1-22     notations collected, made, assembled, or maintained on, before, or

1-23     after the effective date of this Act.

1-24           SECTION 3.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended,

 2-5     and that this Act take effect and be in force from and after its

 2-6     passage, and it is so enacted.