79R3932 PEP-D
By: Lucio, et al. S.B. No. 309
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an address confidentiality program to
assist victims of family violence, sexual assault, or stalking in
maintaining confidential addresses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 56, Code of Criminal Procedure, is
amended by adding Subchapter C to read as follows:
SUBCHAPTER C. ADDRESS CONFIDENTIALITY PROGRAM FOR
VICTIMS OF FAMILY VIOLENCE, SEXUAL ASSAULT, OR STALKING
Art. 56.81. DEFINITIONS. In this subchapter:
(1) "Applicant" means an applicant for participation
in the program.
(2) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(3) "Family violence shelter center" has the meaning
assigned by Section 51.002, Human Resources Code.
(4) "Mail" means first class mail and any mail sent by
a government agency. The term does not include any package,
regardless of size or type of mailing.
(5) "Participant" means an applicant who is certified
for participation in the program.
(6) "Program" means the address confidentiality
program created under this subchapter.
Art. 56.82. ADDRESS CONFIDENTIALITY PROGRAM. (a) The
attorney general shall establish an address confidentiality
program, as provided by this subchapter, to assist a victim of
family violence or an offense under Section 22.011, 22.021, 25.02,
or 42.072, Penal Code, in maintaining a confidential address.
(b) The attorney general shall:
(1) designate a substitute post office box address
that a participant may use in place of the participant's true
residential, business, or school address;
(2) act as agent to receive service of process and mail
on behalf of the participant; and
(3) forward to the participant mail received by the
office of the attorney general on behalf of the participant.
(c) A summons, writ, notice, demand, or process may be
served on the attorney general on behalf of the participant by
delivery of two copies of the document to the office of the attorney
general. The attorney general shall retain a copy of the summons,
writ, notice, demand, or process and forward the original to the
participant not later than the third day after the date of service
on the attorney general.
(d) The attorney general shall make and retain a copy of the
envelope in which certified mail is received on behalf of the
participant.
Art. 56.83. ELIGIBILITY TO PARTICIPATE IN PROGRAM. (a) To
be eligible to participate in the program, an applicant must:
(1) meet with a victim's assistance counselor from a
state or local agency or other entity designated by the attorney
general under Article 56.92 and receive orientation information
about the program;
(2) file an application for participation with the
attorney general or a state or local agency or other entity
designated by the attorney general under Article 56.92;
(3) designate the attorney general as agent to receive
service of process and mail on behalf of the applicant; and
(4) live at a residential address, or relocate to a
residential address, that is unknown to the person who committed or
is alleged to have committed the family violence or an offense under
Section 22.011, 22.021, 25.02, or 42.072, Penal Code.
(b) An application under Subsection (a)(2) must contain:
(1) a signed, sworn statement by the applicant stating
that the applicant fears for the safety of the applicant, the
applicant's child, or another person in the applicant's household
because of a threat of immediate or future harm caused by the person
who committed or is alleged to have committed the family violence or
an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal
Code;
(2) the applicant's true residential address and, if
applicable, the applicant's business and school addresses; and
(3) a statement by the applicant of whether there is an
existing court order or a pending court case for child support or
child custody or visitation that involves the applicant and, if so,
the name and address of:
(A) the legal counsel of record; and
(B) each parent involved in the court order or
pending case.
(c) An application under Subsection (a)(2) must be
completed by the applicant in person at the state or local agency or
other entity with which the application is filed.
(d) A state or local agency or other entity with which an
application is filed under Subsection (a)(2) shall forward the
application to the office of the attorney general.
(e) The attorney general by rule may establish additional
eligibility requirements for participation in the program that are
consistent with the purpose of the program as stated in Article
56.82(a).
(f) Any assistance or counseling provided by the attorney
general or an employee or agent of the attorney general to an
applicant does not constitute legal advice.
Art. 56.84. CERTIFICATION; EXPIRATION. (a) The attorney
general shall certify for participation in the program an applicant
who satisfies the eligibility requirements under Article 56.83.
(b) A certification under this article expires on the third
anniversary of the date of certification.
Art. 56.85. RENEWAL. To renew a certification under
Article 56.84, a participant must satisfy the eligibility
requirements under Article 56.83 as if the participant were
originally applying for participation in the program.
Art. 56.86. INELIGIBILITY AND CANCELLATION. (a) An
applicant is ineligible for, and a participant may be excluded
from, participation in the program if the applicant or participant
knowingly makes a false statement on an application filed under
Article 56.83(a)(2).
(b) A participant may be excluded from participation in the
program if:
(1) mail forwarded to the participant by the attorney
general is returned undeliverable on at least four occasions;
(2) the participant changes the participant's true
residential address as provided in the application filed under
Article 56.83(a)(2) and does not notify the attorney general of the
change at least 10 days before the date of the change; or
(3) the participant changes the participant's name.
Art. 56.87. WITHDRAWAL. A participant may withdraw from
the program by notifying the attorney general in writing of the
withdrawal.
Art. 56.88. CONFIDENTIALITY; DESTRUCTION OF INFORMATION.
(a) Information relating to a participant:
(1) is confidential, except as provided by Article
56.90; and
(2) may not be disclosed under Chapter 552, Government
Code.
(b) Except as provided by Article 56.82(d), the attorney
general may not make a copy of any mail received by the office of the
attorney general on behalf of the participant.
(c) The attorney general shall destroy all information
relating to a participant on the third anniversary of the date
participation in the program ends.
Art. 56.89. ACCEPTANCE OF SUBSTITUTE ADDRESS; EXEMPTIONS.
(a) Except as provided by Subsection (b), a state or local agency
must accept the substitute post office box address designated by
the attorney general if the substitute address is presented to the
agency by a participant in place of the participant's true
residential, business, or school address.
(b) The attorney general by rule may permit an agency to
require a participant to provide the participant's true
residential, business, or school address, if necessary for the
agency to perform a duty or function that is imposed by law.
Art. 56.90. EXCEPTIONS. The attorney general:
(1) shall disclose a participant's true residential,
business, or school address if:
(A) requested by a law enforcement agency; or
(B) required by court order; and
(2) may disclose a participant's true residential,
business, or school address if:
(A) the participant consents to the disclosure;
and
(B) the disclosure is necessary to administer the
program.
Art. 56.91. LIABILITY. The attorney general or an agent or
employee of the attorney general is immune from liability for any
act or omission by the agent or employee in administering the
program if the agent or employee was acting in good faith and in the
course and scope of assigned responsibilities and duties.
Art. 56.92. PROGRAM ASSISTANCE. The attorney general shall
identify state and local agencies and other entities, whether
for-profit or nonprofit, that provide counseling and shelter
services to victims of family violence and require the identified
agencies to provide access to the program, including making program
information and application materials available and providing
assistance in completing program applications.
Art. 56.93. RULES. The attorney general shall adopt rules
to administer the program.
SECTION 2. Article 56.54, Code of Criminal Procedure, is
amended by adding Subsection (l) to read as follows:
(l) The attorney general may use the compensation to victims
of crime fund to cover costs incurred by the attorney general in
administering the address confidentiality program established
under Subchapter C.
SECTION 3. Section 18.005(a), Election Code, is amended to
read as follows:
(a) Each original and supplemental list of registered
voters must:
(1) contain the voter's name, residence address or
substitute post office box address, if required by Section 18.0051,
date of birth, and registration number as provided by the statewide
computerized voter registration list;
(2) be arranged alphabetically by voter name;
(3) contain the notation required by Section 15.111;
and
(4) until Section 13.122(d) expires, identify each
voter registered by mail for the first time who failed to provide a
copy of a document described by Section 63.0101 establishing the
voter's identity at the time of registration.
SECTION 4. Subchapter A, Chapter 18, Election Code, is
amended by adding Section 18.0051 to read as follows:
Sec. 18.0051. CONTENTS OF LIST: SUBSTITUTE ADDRESS. An
original or supplemental list of registered voters must contain a
voter's substitute post office box address designated by the
attorney general under Article 56.82(b), Code of Criminal
Procedure, for use by the voter in place of the voter's true
residential, business, or school address if the voter is eligible
for early voting by mail under Section 82.007 and has submitted an
early voting ballot application as required by Section 84.0021.
SECTION 5. Chapter 82, Election Code, is amended by adding
Section 82.007 to read as follows:
Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
PROGRAM. A qualified voter is eligible for early voting by mail if,
at the time the voter's early voting ballot application is
submitted, the voter is accepted for participation in the address
confidentiality program administered by the attorney general under
Chapter 56, Code of Criminal Procedure.
SECTION 6. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.0021 to read as follows:
Sec. 84.0021. CONTENTS OF APPLICATION FOR PARTICIPANT IN
ADDRESS CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION.
(a) An early voting ballot application submitted by a qualified
voter who is eligible for early voting by mail under Section 82.007
must include:
(1) the applicant's name and address at which the
applicant is registered to vote;
(2) the substitute post office box address designated
by the attorney general under Article 56.82(b), Code of Criminal
Procedure, for use by the voter in place of the voter's true
residential, business, or school address; and
(3) an indication of each election for which the
applicant is applying for a ballot.
(b) The information contained in an application under this
section relating to the address at which the applicant is
registered to vote is confidential, except that the information
must be disclosed if:
(1) requested by a law enforcement agency; or
(2) required by court order.
SECTION 7. Chapter 221, Election Code, is amended by adding
Section 221.018 to read as follows:
Sec. 221.018. EXAMINATION OF CERTAIN CONFIDENTIAL
INFORMATION. (a) Notwithstanding Section 84.0021(b), the
tribunal hearing an election contest may examine the information
contained in an application under Section 84.0021 relating to the
address at which the applicant is registered to vote.
(b) Information may be examined under this section only for
the purpose of hearing an election contest.
SECTION 8. The attorney general shall establish the address
confidentiality program and adopt rules to administer the program
as required by Subchapter C, Chapter 56, Code of Criminal
Procedure, as added by this Act, not later than June 1, 2006.
SECTION 9. 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.