By Ramsay H.B. No. 2605 75R6237 JRD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to specifying that certain information about an inmate of 1-3 the Texas Department of Criminal Justice is excepted from required 1-4 disclosure under the open records law and that certain other inmate 1-5 information is subject to required disclosure under that law. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Subchapter C, Chapter 552, Government Code, is 1-8 amended by adding Section 552.127 to read as follows: 1-9 Sec. 552.127. EXCEPTION: CERTAIN INFORMATION RELATING TO 1-10 INMATE OF DEPARTMENT OF CRIMINAL JUSTICE. (a) Information is 1-11 excepted from the requirements of Section 552.021 if it is 1-12 information about an inmate of the Texas Department of Criminal 1-13 Justice that relates to: 1-14 (1) the inmate's medical, psychiatric, or 1-15 psychological condition or the treatment of the inmate for one of 1-16 those conditions; 1-17 (2) the inmate's educational attainments, intelligence 1-18 quotient, trust fund account, social history, known enemies, 1-19 disciplinary record, next of kin, or home address; or 1-20 (3) a use-of-force incident involving the inmate that 1-21 is still under investigation. 1-22 (b) Sections 552.023, 552.229, and 552.307 apply to 1-23 information described by Subsection (a) that is requested by the 1-24 inmate or the authorized representative of the inmate to whom the 2-1 information relates. 2-2 SECTION 2. Subchapter B, Chapter 552, Government Code, is 2-3 amended by adding Section 552.029 to read as follows: 2-4 Sec. 552.029. RIGHT OF ACCESS TO CERTAIN INFORMATION 2-5 RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE. 2-6 Notwithstanding Section 18(a), Article 42.18, Code of Criminal 2-7 Procedure, or Section 552.127, information about an inmate of the 2-8 Texas Department of Criminal Justice is subject to required 2-9 disclosure under Section 552.021 if it is information that relates 2-10 to: 2-11 (1) the inmate's name, identification number, age, or 2-12 physical description; 2-13 (2) the inmate's assigned unit or the date on which 2-14 the unit received the inmate; 2-15 (3) the offense for which the inmate was convicted or 2-16 the judgment and sentence for that offense; 2-17 (4) the county and court in which the inmate was 2-18 convicted; 2-19 (5) the inmate's earliest or latest possible release 2-20 dates; 2-21 (6) the inmate's parole date or earliest possible 2-22 parole date; or 2-23 (7) any prior confinement of the inmate by the Texas 2-24 Department of Criminal Justice or its predecessor. 2-25 SECTION 3. Section 18, Article 42.18, Code of Criminal 2-26 Procedure, is amended by amending Subsection (a) and adding 2-27 Subsection (e) to read as follows: 3-1 (a) Except as provided by Subsection (b) or (e), all 3-2 information, including victim protest letters or other 3-3 correspondence, victim impact statements, lists of inmates eligible 3-4 for release on parole, and arrest records of inmates, obtained and 3-5 maintained in connection with inmates of the institutional division 3-6 subject to parole, release to mandatory supervision, or executive 3-7 clemency, or individuals who may be on mandatory supervision or 3-8 parole and under the supervision of the pardons and paroles 3-9 division, or persons directly identified in any proposed plan of 3-10 release for a prisoner, is confidential and privileged. 3-11 (e) Information that is subject to required disclosure under 3-12 Section 552.029, Government Code, is not confidential or privileged 3-13 under this section. 3-14 SECTION 4. The importance of this legislation and the 3-15 crowded condition of the calendars in both houses create an 3-16 emergency and an imperative public necessity that the 3-17 constitutional rule requiring bills to be read on three several 3-18 days in each house be suspended, and this rule is hereby suspended, 3-19 and that this Act take effect and be in force from and after its 3-20 passage, and it is so enacted.