1-1 AN ACT
1-2 relating to the information about an inmate of the Texas Department
1-3 of Criminal Justice that is subject to public disclosure or
1-4 excepted from public disclosure.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter C, Chapter 552, Government Code, is
1-7 amended by adding Section 552.131 to read as follows:
1-8 Sec. 552.131. EXCEPTION: CERTAIN INFORMATION RELATING TO
1-9 INMATE OF DEPARTMENT OF CRIMINAL JUSTICE. (a) Except as provided
1-10 by Subsection (b) or by Section 552.029, information obtained or
1-11 maintained by the Texas Department of Criminal Justice is excepted
1-12 from the requirements of Section 552.021 if it is information about
1-13 an inmate who is confined in a facility operated by or under a
1-14 contract with the department.
1-15 (b) Subsection (a) does not apply to:
1-16 (1) statistical or other aggregated information
1-17 relating to inmates confined in one or more facilities operated by
1-18 or under a contract with the department; or
1-19 (2) information about an inmate sentenced to death.
1-20 (c) This section does not affect whether information is
1-21 considered confidential or privileged under Section 508.313.
1-22 (d) A release of information described by Subsection (a) to
1-23 an eligible entity, as defined by Section 508.313(d), for a purpose
1-24 related to law enforcement, prosecution, corrections, clemency, or
2-1 treatment is not considered a release of information to the public
2-2 for purposes of Section 552.007 and does not waive the right to
2-3 assert in the future that the information is excepted from required
2-4 disclosure under this section or other law.
2-5 SECTION 2. Subchapter B, Chapter 552, Government Code, is
2-6 amended by adding Section 552.029 to read as follows:
2-7 Sec. 552.029. RIGHT OF ACCESS TO CERTAIN INFORMATION
2-8 RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE.
2-9 Notwithstanding Section 508.313 or 552.131, the following
2-10 information about an inmate who is confined in a facility operated
2-11 by or under a contract with the Texas Department of Criminal
2-12 Justice is subject to required disclosure under Section 552.021:
2-13 (1) the inmate's name, identification number, age,
2-14 birthplace, physical description, or general state of health or the
2-15 nature of an injury to or critical illness suffered by the inmate;
2-16 (2) the inmate's assigned unit or the date on which
2-17 the unit received the inmate, unless disclosure of the information
2-18 would violate federal law relating to the confidentiality of
2-19 substance abuse treatment;
2-20 (3) the offense for which the inmate was convicted or
2-21 the judgment and sentence for that offense;
2-22 (4) the county and court in which the inmate was
2-23 convicted;
2-24 (5) the inmate's earliest or latest possible release
2-25 dates;
2-26 (6) the inmate's parole date or earliest possible
2-27 parole date;
3-1 (7) any prior confinement of the inmate by the Texas
3-2 Department of Criminal Justice or its predecessor; or
3-3 (8) basic information regarding the death of an inmate
3-4 in custody, an incident involving the use of force, or an alleged
3-5 crime involving the inmate.
3-6 SECTION 3. Section 508.313, Government Code, is amended by
3-7 adding Subsection (f) to read as follows:
3-8 (f) This section does not apply to information that is
3-9 subject to required public disclosure under Section 552.029.
3-10 SECTION 4. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended,
3-15 and that this Act take effect and be in force from and after its
3-16 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1379 was passed by the House on May
5, 1999, by the following vote: Yeas 142, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1379 on May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1379 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor