80R2820 ACP-F
 
  By: Pena H.B. No. 1042
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to excepting certain crime victim information from
required disclosure under the public information law.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 552.132, Government Code, is amended to
read as follows:
       Sec. 552.132.  CONFIDENTIALITY OF [EXCEPTION:] CRIME VICTIM
OR CLAIMANT INFORMATION. (a) Except as provided by Subsection (d)
[(f)], in this section, "crime victim or claimant" means a victim or
claimant under Subchapter B, Chapter 56, Code of Criminal
Procedure, who has filed an application for compensation under that
subchapter.
       (b)  The following [A crime victim may elect whether to allow
public access to] information held by the crime victim's
compensation division of the attorney general's office is
confidential [that relates to]:
             (1)  the name, social security number, address, or
telephone number of a [the] crime victim or claimant; or
             (2)  any other information the disclosure of which
would identify or tend to identify the crime victim or claimant.
       (c)  [An election under Subsection (b) must be:
             [(1)  made in writing on a form developed by the
attorney general for that purpose and signed by the crime victim;
and
             [(2)  filed with the crime victims' compensation
division before the third anniversary of the date that the crime
victim filed the application for compensation.
       [(d)  If the crime victim elects not to allow public access
to the information, the information is excepted from the
requirements of Section 552.021. If the crime victim does not make
an election under Subsection (b) or (f) or elects to allow public
access to the information, the information is not excepted from the
requirements of Section 552.021 unless the information is made
confidential or excepted from those requirements by another law.
       [(e)]  If the crime victim or claimant is awarded
compensation under Section 56.34, Code of Criminal Procedure, as of
the date of the award of compensation, the name of the crime victim
or claimant and the amount of compensation awarded to that crime
victim or claimant are public information and are not excepted from
the requirements of Section 552.021.
       (d) [(f)]  An employee of a governmental body who is also a
[crime] victim under Subchapter B, Chapter 56, Code of Criminal
Procedure, regardless of whether the employee has filed an
application for compensation under that subchapter, may elect
whether to allow public access to information held by the attorney
general's office or other governmental body that would identify or
tend to identify the [crime] victim, including a photograph or
other visual representation of the victim. An election under this
subsection must be made in writing on a form developed by the
governmental body, be signed by the employee, and be filed with the
governmental body before the third anniversary of the latest to
occur of one of the following:
             (1)  the date the crime was committed;
             (2)  the date employment begins; or
             (3)  the date the governmental body develops the form
and provides it to employees.
       (e)  If the employee fails to make an election under
Subsection (d), the identifying information is excepted from
disclosure until the third anniversary of the date the crime was
committed. In case of disability, impairment, or other incapacity
of the employee, the election may be made by the guardian of the
employee or former employee.
       SECTION 2.  This Act takes effect September 1, 2007.