78R5056 JRD-D

By:  Kolkhorst                                                    H.B. No. 863



A BILL TO BE ENTITLED

AN ACT

relating to access to certain information about former employees of 
the Texas Department of Criminal Justice under the public 
information law.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 552.117, Government Code, is amended to 
read as follows: 
	Sec. 552.117.  EXCEPTION: CERTAIN ADDRESSES, TELEPHONE 
NUMBERS, SOCIAL SECURITY NUMBERS, AND PERSONAL FAMILY INFORMATION. 
Information is excepted from the requirements of Section 552.021 if 
it is information that relates to the home address, home telephone 
number, or social security number of the following person or that 
reveals whether the person has family members:
		(1)  a current or former official or employee of a 
governmental body, except as otherwise provided by Section 552.024;
		(2)  a peace officer as defined by Article 2.12, Code of 
Criminal Procedure, or a security officer commissioned under 
Section 51.212, Education Code, regardless of whether the officer 
complies with Section 552.024 or 552.1175, as applicable;
		(3)  a current or former [an] employee of the Texas 
Department of Criminal Justice or of the predecessor in function of 
the department or any division of the department, regardless of 
whether the current or former employee complies with Section 
552.1175;
		(4)  a peace officer as defined by Article 2.12, Code of 
Criminal Procedure, or other law, a reserve law enforcement 
officer, a commissioned deputy game warden, or a corrections 
officer in a municipal, county, or state penal institution in this 
state who was killed in the line of duty, regardless of whether the 
deceased complied with Section 552.024 or 552.1175;  or
		(5)  a commissioned security officer as defined by 
Section 1702.002, Occupations Code, regardless of whether the 
officer complies with Section 552.024 or 552.1175, as applicable.
	SECTION 2.  Section 552.1175(a), Government Code, is amended 
to read as follows:
	(a)  This section applies only to:                                             
		(1)  peace officers as defined by Article 2.12, Code of 
Criminal Procedure; 
		(2)  county jailers as defined by Section 1701.001, 
Occupations Code;       
		(3)  current or former employees of the Texas 
Department of Criminal Justice or of the predecessor in function of 
the department or any division of the department;  and
		(4)  commissioned security officers as defined by 
Section 1702.002, Occupations Code.
	SECTION 3.  The change in law made by this Act to Sections 
552.117 and 552.1175, Government Code, applies to information about 
former employees of the Texas Department of Criminal Justice or of 
the predecessor in function of the department or any of the 
department's divisions without regard to whether the information 
was created or acquired on, before, or after the effective date of 
this Act.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.