By Dutton                                              H.B. No. 848
         76R1679 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
 1-9     law 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[:]
1-12                 [(1)]  release of the information would unduly
1-13     interfere with the detection, investigation, or prosecution of
1-14     crime[;]
1-15                 [(2)  it is information that deals with the detection,
1-16     investigation, or prosecution of crime only in relation to an
1-17     investigation that did not result in conviction or deferred
1-18     adjudication; or]
1-19                 [(3)  it is information that:]
1-20                       [(A)  is prepared by an attorney representing the
1-21     state in anticipation of or in the course of preparing for criminal
1-22     litigation;  or]
1-23                       [(B)  reflects the mental impressions or legal
1-24     reasoning of an attorney representing the state].
 2-1           (b)  An internal record or notation of a law enforcement
 2-2     agency or prosecutor that is maintained for internal use in matters
 2-3     relating to law enforcement or prosecution is excepted from the
 2-4     requirements of Section 552.021 if[:]
 2-5                 [(1)]  release of the internal record or notation would
 2-6     unduly interfere with law enforcement or prosecution(;
 2-7                 [(2)  the internal record or notation relates to law
 2-8     enforcement only in relation to an investigation that did not
 2-9     result in conviction or deferred adjudication;  or]
2-10                 [(3)  the internal record or notation:]
2-11                       [(A)  is prepared by an attorney representing the
2-12     state in anticipation of or in the course of preparing for criminal
2-13     litigation;  or]
2-14                       [(B)  reflects the mental impressions or legal
2-15     reasoning of an attorney representing the state].
2-16           [(c)  This section does not except from the requirements of
2-17     Section 552.021 information that is basic information about an
2-18     arrested person, an arrest, or a crime.]
2-19           SECTION 2.  The change in law made by this Act to Section
2-20     552.108, Government Code, applies to information, records, and
2-21     notations collected, made, assembled, or maintained on, before, or
2-22     after the effective date of this Act.
2-23           SECTION 3.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
2-27     days in each house be suspended, and this rule is hereby suspended,
 3-1     and that this Act take effect and be in force from and after its
 3-2     passage, and it is so enacted.