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                                  * * * * *