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A BILL TO BE ENTITLED
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AN ACT
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relating to excepting certain crime victim information from |
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required disclosure under the public information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.132, Government Code, is amended to |
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read as follows: |
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Sec. 552.132. CONFIDENTIALITY OF [EXCEPTION:] CRIME VICTIM |
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OR CLAIMANT INFORMATION. (a) Except as provided by Subsection (d) |
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[(f)], in this section, "crime victim or claimant" means a victim or |
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claimant under Subchapter B, Chapter 56, Code of Criminal |
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Procedure, who has filed an application for compensation under that |
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subchapter. |
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(b) The following [A crime victim may elect whether to allow
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public access to] information held by the crime victim's |
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compensation division of the attorney general's office is |
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confidential [that relates to]: |
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(1) the name, social security number, address, or |
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telephone number of a [the] crime victim or claimant; or |
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(2) any other information the disclosure of which |
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would identify or tend to identify the crime victim or claimant. |
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(c) [An election under Subsection (b) must be:
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[(1) made in writing on a form developed by the
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attorney general for that purpose and signed by the crime victim;
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and
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[(2) filed with the crime victims' compensation
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division before the third anniversary of the date that the crime
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victim filed the application for compensation.
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[(d) If the crime victim elects not to allow public access
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to the information, the information is excepted from the
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requirements of Section 552.021. If the crime victim does not make
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an election under Subsection (b) or (f) or elects to allow public
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access to the information, the information is not excepted from the
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requirements of Section 552.021 unless the information is made
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confidential or excepted from those requirements by another law.
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[(e)] If the crime victim or claimant is awarded |
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compensation under Section 56.34, Code of Criminal Procedure, as of |
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the date of the award of compensation, the name of the crime victim |
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or claimant and the amount of compensation awarded to that crime |
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victim or claimant are public information and are not excepted from |
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the requirements of Section 552.021. |
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(d) [(f)] An employee of a governmental body who is also a |
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[crime] victim under Subchapter B, Chapter 56, Code of Criminal |
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Procedure, regardless of whether the employee has filed an |
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application for compensation under that subchapter, may elect |
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whether to allow public access to information held by the attorney |
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general's office or other governmental body that would identify or |
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tend to identify the [crime] victim, including a photograph or |
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other visual representation of the victim. An election under this |
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subsection must be made in writing on a form developed by the |
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governmental body, be signed by the employee, and be filed with the |
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governmental body before the third anniversary of the latest to |
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occur of one of the following: |
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(1) the date the crime was committed; |
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(2) the date employment begins; or |
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(3) the date the governmental body develops the form |
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and provides it to employees. |
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(e) If the employee fails to make an election under |
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Subsection (d), the identifying information is excepted from |
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disclosure until the third anniversary of the date the crime was |
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committed. In case of disability, impairment, or other incapacity |
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of the employee, the election may be made by the guardian of the |
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employee or former employee. |
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SECTION 2. This Act takes effect September 1, 2007. |