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By:  Wentworth                                                    S.B. No. 148
	(In the Senate - Filed December 28, 2004; February 1, 2005, 
read first time and referred to Committee on State Affairs; 
March 1, 2005, reported favorably by the following vote:  Yeas 9, 
Nays 0; March 1, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the exception from required public disclosure of a 
photograph of a peace officer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 552.119, Government Code, is amended to 
read as follows: 
	Sec. 552.119.  EXCEPTION:  PHOTOGRAPH OF PEACE OFFICER [OR 
CERTAIN SECURITY GUARDS].  (a)  A photograph that depicts a peace 
officer as defined by Article 2.12, Code of Criminal Procedure, [or 
a security officer commissioned under Section 51.212, Education 
Code,] the release of which would endanger the life or physical 
safety of the officer, is excepted from the requirements of Section 
552.021 unless:
		(1)  the officer is under indictment or charged with an 
offense by information;
		(2)  the officer is a party in a [fire or police] civil 
service hearing or a case in arbitration; or
		(3)  the photograph is introduced as evidence in a 
judicial proceeding.     
	(b)  A photograph excepted [exempt] from disclosure under 
Subsection (a) may be made public only if the peace officer [or 
security officer] gives written consent to the disclosure.
	SECTION 2.  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, 2005.



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