By Talton H.B. No. 3323
75R6828 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to making confidential certain information about peace
1-3 officers, correctional officers, and their families; providing a
1-4 penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 552.117, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 552.117. EXCEPTION: CERTAIN ADDRESSES, TELEPHONE
1-9 NUMBERS, SOCIAL SECURITY NUMBERS, AND PERSONAL FAMILY INFORMATION.
1-10 (a) Information is excepted from the requirements of Section
1-11 552.021 if it is information that relates to the home address,
1-12 home telephone number, or social security number, or that reveals
1-13 whether the following person has family members:
1-14 (1) a current or former official or employee of a
1-15 governmental body, except as otherwise provided by Section 552.024;
1-16 [or]
1-17 (2) a peace officer as defined by Article 2.12, Code
1-18 of Criminal Procedure, or a security officer commissioned under
1-19 Section 51.212, Education Code; or
1-20 (3) an employee of the Texas Department of Criminal
1-21 Justice, the Texas Youth Commission, or a county or municipal law
1-22 enforcement agency who as part of the employee's regular duties
1-23 supervises inmates of the department, children committed to the
1-24 commission, or individuals, including children, in the custody of
2-1 the law enforcement agency.
2-2 (b) Information that is excepted from required disclosure
2-3 under Subsection (a)(2) or (a)(3) is confidential regardless of
2-4 whether the peace officer, security officer, or employee complied
2-5 with Section 552.024 and may not be disclosed without the written
2-6 permission of that officer or employee or that person's authorized
2-7 representative.
2-8 SECTION 2. Section 552.352, Government Code, is amended to
2-9 read as follows:
2-10 Sec. 552.352. DISTRIBUTION OF CONFIDENTIAL INFORMATION.
2-11 (a) A person commits an offense if the person distributes
2-12 information considered confidential under the terms of this
2-13 chapter.
2-14 (b) Except as provided by Subsection (c), an [An] offense
2-15 under this section is a misdemeanor punishable by:
2-16 (1) a fine of not more than $1,000;
2-17 (2) confinement in the county jail for not more than
2-18 six months; or
2-19 (3) both the fine and confinement.
2-20 (c) An offense under this section is a felony of the third
2-21 degree if:
2-22 (1) the distributed information is a home address that
2-23 is confidential under Section 552.117(b); and
2-24 (2) a person who resides at the address receives a
2-25 bodily injury, as defined by Section 1.07, Penal Code, or dies
2-26 partly as a result of the distribution of that address.
2-27 (d) A violation under this section constitutes official
3-1 misconduct.
3-2 SECTION 3. (a) The change in law made by this Act to
3-3 Section 552.352, Government Code, applies only to an offense
3-4 committed on or after the effective date of this Act. For purposes
3-5 of this section, an offense is committed before the effective date
3-6 of this Act if any element of the offense occurs before that date.
3-7 (b) An offense committed before the effective date of this
3-8 Act is covered by the law in effect when the offense is committed.
3-9 SECTION 4. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.