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.