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.