1-1 By: Allen (Senate Sponsor - Armbrister) H.B. No. 1379 1-2 (In the Senate - Received from the House May 6, 1999; 1-3 May 7, 1999, read first time and referred to Committee on Criminal 1-4 Justice; May 14, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 0; May 14, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1379 By: Armbrister 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the information about an inmate of the Texas Department 1-11 of Criminal Justice that is subject to public disclosure or 1-12 excepted from public disclosure. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Subchapter C, Chapter 552, Government Code, is 1-15 amended by adding Section 552.131 to read as follows: 1-16 Sec. 552.131. EXCEPTION: CERTAIN INFORMATION RELATING TO 1-17 INMATE OF DEPARTMENT OF CRIMINAL JUSTICE. (a) Except as provided 1-18 by Subsection (b) or by Section 552.029, information obtained or 1-19 maintained by the Texas Department of Criminal Justice is excepted 1-20 from the requirements of Section 552.021 if it is information about 1-21 an inmate who is confined in a facility operated by or under a 1-22 contract with the department. 1-23 (b) Subsection (a) does not apply to: 1-24 (1) statistical or other aggregated information 1-25 relating to inmates confined in one or more facilities operated by 1-26 or under a contract with the department; or 1-27 (2) information about an inmate sentenced to death. 1-28 (c) This section does not affect whether information is 1-29 considered confidential or privileged under Section 508.313. 1-30 (d) A release of information described by Subsection (a) to 1-31 an eligible entity, as defined by Section 508.313(d), for a purpose 1-32 related to law enforcement, prosecution, corrections, clemency, or 1-33 treatment is not considered a release of information to the public 1-34 for purposes of Section 552.007 and does not waive the right to 1-35 assert in the future that the information is excepted from required 1-36 disclosure under this section or other law. 1-37 SECTION 2. Subchapter B, Chapter 552, Government Code, is 1-38 amended by adding Section 552.029 to read as follows: 1-39 Sec. 552.029. RIGHT OF ACCESS TO CERTAIN INFORMATION 1-40 RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE. 1-41 Notwithstanding Section 508.313 or 552.131, the following 1-42 information about an inmate who is confined in a facility operated 1-43 by or under a contract with the Texas Department of Criminal 1-44 Justice is subject to required disclosure under Section 552.021: 1-45 (1) the inmate's name, identification number, age, 1-46 birthplace, physical description, or general state of health or the 1-47 nature of an injury to or critical illness suffered by the inmate; 1-48 (2) the inmate's assigned unit or the date on which 1-49 the unit received the inmate, unless disclosure of the information 1-50 would violate federal law relating to the confidentiality of 1-51 substance abuse treatment; 1-52 (3) the offense for which the inmate was convicted or 1-53 the judgment and sentence for that offense; 1-54 (4) the county and court in which the inmate was 1-55 convicted; 1-56 (5) the inmate's earliest or latest possible release 1-57 dates; 1-58 (6) the inmate's parole date or earliest possible 1-59 parole date; 1-60 (7) any prior confinement of the inmate by the Texas 1-61 Department of Criminal Justice or its predecessor; or 1-62 (8) basic information regarding the death of an inmate 1-63 in custody, an incident involving the use of force, or an alleged 1-64 crime involving the inmate. 2-1 SECTION 3. Section 508.313, Government Code, is amended by 2-2 adding Subsection (f) to read as follows: 2-3 (f) This section does not apply to information that is 2-4 subject to required public disclosure under Section 552.029. 2-5 SECTION 4. The importance of this legislation and the 2-6 crowded condition of the calendars in both houses create an 2-7 emergency and an imperative public necessity that the 2-8 constitutional rule requiring bills to be read on three several 2-9 days in each house be suspended, and this rule is hereby suspended, 2-10 and that this Act take effect and be in force from and after its 2-11 passage, and it is so enacted. 2-12 * * * * *