By: Armbrister S.B. No. 1388
(In the Senate - Filed March 13, 2003; March 19, 2003, read
first time and referred to Committee on State Affairs; May 5, 2003,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 7, Nays 0; May 5, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1388 By: Nelson
A BILL TO BE ENTITLED
AN ACT
relating to access to certain personal information 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.
(a) 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.
(b) All documents filed with a county clerk and all
documents filed with a district clerk are exempt from this section.
SECTION 2. Section 552.1175, Government Code, is amended by
amending Subsection (a) and adding Subsection (e) 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.
(e) All documents filed with a county clerk and all
documents filed with a district clerk are exempt from this section.
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.
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