76R11312 JRD-F                           
         By Allen                                              H.B. No. 1379
         Substitute the following for H.B. No. 1379:
         By Allen                                          C.S.H.B. No. 1379
                                A BILL TO BE ENTITLED
 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           SECTION 2.  Subchapter B, Chapter 552, Government Code, is
1-21     amended by adding Section 552.029 to read as follows:
1-22           Sec. 552.029.  RIGHT OF ACCESS TO CERTAIN INFORMATION
1-23     RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE.
1-24     Notwithstanding Section 508.313 or 552.131, the following
 2-1     information about an inmate who is confined in a facility operated
 2-2     by or under a contract with the Texas Department of Criminal
 2-3     Justice is subject to required disclosure under Section 552.021:
 2-4                 (1)  the inmate's name, identification number, age,
 2-5     birthplace, physical description, or general state of health or the
 2-6     nature of an injury to or critical illness suffered by the inmate;
 2-7                 (2)  the inmate's assigned unit or the date on which
 2-8     the unit received the inmate, unless disclosure of the information
 2-9     would violate federal law relating to the confidentiality of
2-10     substance abuse treatment;
2-11                 (3)  the offense for which the inmate was convicted or
2-12     the judgment and sentence for that offense;
2-13                 (4)  the county and court in which the inmate was
2-14     convicted;
2-15                 (5)  the inmate's earliest or latest possible release
2-16     dates;
2-17                 (6)  the inmate's parole date or earliest possible
2-18     parole date;
2-19                 (7)  any prior confinement of the inmate by the Texas
2-20     Department of Criminal Justice or its predecessor; or
2-21                 (8)  basic information regarding the death of an inmate
2-22     in custody, an incident involving the use of force, or an alleged
2-23     crime involving the inmate.
2-24           SECTION 3.  Section 508.313, Government Code, is amended by
2-25     adding Subsection (f) to read as follows:
2-26           (f)  This section does not apply to information that is
2-27     subject to required public disclosure under Section 552.029.
 3-1           SECTION 4.  The importance of this legislation and the
 3-2     crowded condition of the calendars in both houses create an
 3-3     emergency and an imperative public necessity that the
 3-4     constitutional rule requiring bills to be read on three several
 3-5     days in each house be suspended, and this rule is hereby suspended,
 3-6     and that this Act take effect and be in force from and after its
 3-7     passage, and it is so enacted.