SRC-MKV, SEW C.S.S.B. 247 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 247
77R5541 JD-DBy: Shapleigh
State Affairs
3/7/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, governmental agencies are authorized to release the personal
information of a peace officer for which it receives an "open records"
request under certain conditions.  C.S.S.B. 247 prohibits state and local
governmental agencies, such as a tax appraisal district, from releasing
personal information. This bill also provides that a governmental body that
receives a confidentiality request in writing from a peace officer may not
release appraisal record information to the public that contains the peace
officer's name, home address, home telephone number, social security
number, or whether that officer has family members. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 552.024, Government Code, by adding Subsection
(f) to provide that this section does not apply to a person who is a peace
officer to whom Section 552.1175 applies. 

SECTION 2.  Amends Section 552.117, Government Code, to delete language
relating to a peace officer as defined by Article 2.12 (Who are peace
officers), Code of Criminal Procedure, and to make a nonsubstantive change. 

SECTION 3.  Amends Chapter 552C, Government Code, by adding Section
552.1175, as follows: 

Sec. 552.1175.  CONFIDENTIALITY OF ADDRESSES, TELEPHONE NUMBERS, SOCIAL
SECURITY NUMBERS, AND PERSONAL FAMILY INFORMATION OF PEACE OFFICERS.  (a)
Provides that information that relates to the home address, home telephone
number, or social security number of a peace officer, as defined by Article
2.12, Code of Criminal Procedure, or that reveals whether the peace officer
has family members is confidential and prohibits it from being disclosed to
the public under this chapter if the peace officer chooses to restrict
public access to the information and notifies the governmental body of the
officer's choice on a form provided by the governmental body, accompanied
by evidence of the officer's status. 

(b) Provides that a choice made under Subsection (a) remains valid until
rescinded in writing by the peace officer. 
  
(c) Provides that this section does not apply to information in the tax
appraisal records of an appraisal district to which Section 25.025, Tax
Code, applies. 

SECTION 4.  Amends Chapter 25, Tax Code, by adding Section 25.025, as
follows: 

 Sec. 25.025.  CONFIDENTIALITY OF CERTAIN HOME ADDRESS INFORMATION.
 Requires that information in appraisal records under Section 25.02 be
confidential and available only under certain conditions for the official
use of the appraisal district, this state, the comptroller, and taxing
units and political subdivisions.  Provides that a confidentiality choice
remains valid until rescinded in writing by the peace officer.  Provides
that this section does not prohibit the public disclosure of information in
appraisal records that identifies property according to an address if the
information does not identify a peace officer who has made an election
under this section in connection with the officer's address. 

SECTION 5.  Effective date:  September 1, 2001.


SUMMARY OF COMMITTEE CHANGES

Differs from original by adding new SECTIONS 1, 2, and 3 relating to
exemption of and confidentiality of certain personal information of peace
officers as defined by Article 2.12, Code of Criminal Procedure.  Differs
from original by renumbering original SECTIONS 1 and 2 to SECTIONS 4 and 5.
Differs from original in SECTION 4 by eliminating a security officer and an
employee of the Texas Department of Criminal Justice in Subsection (a),
from those whose appraisal records under Section 25.02 are confidential;
changes a reference from "an election" to "a choice made" in Subsection
(b); and changes a reference from "an individual" to "a peace officer" in
Subsection (c).