79R7209 KLA-D

By:  Harris                                                       S.B. No. 1148



A BILL TO BE ENTITLED

AN ACT

relating to protecting the confidentiality of certain identifying 
personal information contained in court records.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 74, Government Code, is 
amended by adding Section 74.0241 to read as follows:
	Sec. 74.0241.  RULES REGARDING SENSITIVE INFORMATION.  (a)  
In adopting rules of administration under Section 74.024, the 
supreme court shall require that in each action filed in a court of 
this state, each person filing a pleading or document in the action 
must submit to the court and to the other parties to the action a 
form containing sensitive information relevant to the action as 
described by Subsection (b).  The form may be in paper or electronic 
format.
	(b)  Each person filing a pleading or document in an action 
must include on the sensitive information form the following 
information, if known by the person and if relevant to the action, 
with respect to each person involved in the action:
		(1)  the person's complete:                                            
			(A)  date of birth and social security number;                        
			(B)  bank or other financial account numbers and 
any corresponding personal identification numbers;
			(C)  credit card numbers and any corresponding 
personal identification numbers;  and
			(D)  driver's license number and state of issuance 
and the number of any other identification card issued by a state or 
the federal government, including a passport, but not including a 
state bar card;
		(2)  if the person is a victim, as defined by Article 
56.32, Code of Criminal Procedure, the person's complete address 
and telephone number;  and
		(3)  if the person is a child, the child's full name.                  
	(c)  Unless the court orders otherwise and except as provided 
by Subsection (d), a person filing a pleading or another document in 
an action may not include any of the information described by 
Subsection (b)(1), (2), or (3) in the pleading or document, 
regardless of:
		(1)  whether the pleading or document is filed in paper 
or electronic format; or
		(2)  the identity of the person to whom the information 
relates.     
	(d)  Unless the court orders otherwise, if information 
described by Subsection (b)(1), (2), or (3) is required to be 
included in a pleading or other document filed in an action, the 
person filing the pleading or document must refer to the 
information in the following manner:
		(1)  if the information is a social security number or 
is a bank or other financial account number, credit card number, or 
a corresponding personal identification number, the person may only 
use the last four digits of the number;
		(2)  if the information relates to the identity of a 
child, the person may only use the child's initials;  and
		(3)  if the information refers to a date of birth, the 
person may only use the month and year of the date of birth.
	(e)  A person who files a pleading or other document in an 
action and the person's attorney, if applicable, shall ensure that 
information described by Subsection (b)(1), (2), or (3) is omitted 
or redacted from the pleading or other document, except as provided 
by Subsection (d) or as otherwise ordered by the court.  The court, 
including the court clerk, is not required to review the pleading or 
document to determine whether the information included in the 
pleading or document complies with this section.
	(f)  Unless the court orders otherwise and notwithstanding 
Rule 12, Texas Rules of Judicial Administration, information 
contained on the sensitive information form is confidential and not 
subject to public release under Chapter 552 by any means, including 
by electronic means.
	(g)  The supreme court shall adopt rules of administration to 
implement and supplement this section.  The rules must:
		(1)  further the purpose of preventing identity theft 
and other forms of financial exploitation by minimizing the 
distribution and publication of identifying personal information 
contained in court records;
		(2)  include procedures to ensure that persons filing 
pleadings and other documents in actions comply with the 
requirements of this section;  and
		(3)  include standards for use by a court in 
determining whether to order:
			(A)  a person to include information in a pleading 
or other document that would otherwise be excluded under 
Subsections (c) and (d);  or
			(B)  the release of otherwise confidential 
information under Subsection (f).
	(h)  To the extent this section conflicts with the Texas 
Rules of Judicial Administration or other rules, this section 
controls.
	SECTION 2.  The Texas Supreme Court shall adopt the rules 
required by Section 74.0241, Government Code, as added by this Act, 
not later than December 1, 2005.  The rules adopted by the Texas 
Supreme Court under that section apply to a pleading or other 
document filed on or after December 1, 2005, regardless of the date 
the action to which the pleading or document pertains was filed.
	SECTION 3.  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.