By: Patrick  S.B. No. 390
         (In the Senate - Filed December 31, 2008; February 17, 2009,
  read first time and referred to Committee on State Affairs;
  April 7, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 0; April 7, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 390 By:  Lucio
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to confidentiality of certain information under the public
  information law and in local tax appraisal records regarding
  federal law enforcement officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (a) and (c), Article 2.122, Code of
  Criminal Procedure, are amended to read as follows:
         (a)  The following named criminal investigators of the
  United States shall not be deemed peace officers, but shall have the
  powers of arrest, search and seizure as to felony offenses only
  under the laws of the State of Texas:
               (1)  Special Agents of the Federal Bureau of
  Investigation;
               (2)  Special Agents of the Secret Service;
               (3)  Special Agents of the United States Immigration
  and Customs Enforcement [Service];
               (4)  Special Agents of Alcohol, Tobacco and Firearms;
               (5)  Special Agents of Federal Drug Enforcement Agency;
               (6)  Inspectors of the United States Postal Service;
               (7)  Special Agents of the Criminal Investigation
  Division and Inspectors of the Internal Security Division of the
  Internal Revenue Service;
               (8)  Civilian Special Agents of the United States Naval
  Investigative Service;
               (9)  Marshals and Deputy Marshals of the United States
  Marshals Service;
               (10)  Special Agents of the United States Citizenship
  and Immigration Services [Immigration and Naturalization Service];
  and
               (11)  Special Agents of the United States Department of
  State, Bureau of Diplomatic Security.
         (c)  A Customs and Border Protection Officer of the United
  States Customs and Border Protection [customs inspector of the
  United States Customs Service] or a Border Patrol agent,
  immigration enforcement agent, or deportation [border patrolman or
  immigration] officer of the Department of Homeland Security [United
  States Department of Justice] is not a peace officer under the laws
  of this state but, on the premises of a port facility designated by
  the commissioner of the United States Customs and Border Protection
  [Immigration and Naturalization Service] as a port of entry for
  arrival in the United States by land transportation from the United
  Mexican States into the State of Texas or at a permanent established
  border patrol traffic check point, has the authority to detain a
  person pending transfer without unnecessary delay to a peace
  officer if the agent [inspector, patrolman,] or officer has
  probable cause to believe that the person has engaged in conduct
  that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal
  Code, regardless of whether the violation may be disposed of in a
  criminal proceeding or a juvenile justice proceeding.
         SECTION 2.  Subsection (a), Section 552.1175, Government
  Code, is amended to read as follows:
         (a)  This section applies only to:
               (1)  peace officers as defined by Article 2.12, Code of
  Criminal Procedure;
               (2)  county jailers as defined by Section 1701.001,
  Occupations Code;
               (3)  current or former employees of the Texas
  Department of Criminal Justice or of the predecessor in function of
  the department or any division of the department;
               (4)  commissioned security officers as defined by
  Section 1702.002, Occupations Code;
               (5)  employees of a district attorney, criminal
  district attorney, or county or municipal attorney whose
  jurisdiction includes any criminal law or child protective services
  matters; [and]
               (6)  officers and employees of a community supervision
  and corrections department established under Chapter 76 who perform
  a duty described by Section 76.004(b);
               (7)  criminal investigators of the United States as
  described by Article 2.122(a), Code of Criminal Procedure; and
               (8)  police officers and inspectors of the United
  States Federal Protective Service.
         SECTION 3.  Subsection (a), Section 25.025, Tax Code, as
  amended by Chapters 594 (H.B. 41), 621 (H.B. 455), and 851 (H.B.
  1141), Acts of the 80th Legislature, Regular Session, 2007, is
  reenacted and amended to read as follows:
         (a)  This section applies only to:
               (1)  a current or former peace officer as defined by
  Article 2.12, Code of Criminal Procedure;
               (2)  a county jailer as defined by Section 1701.001,
  Occupations Code;
               (3)  an employee of the Texas Department of Criminal
  Justice;
               (4)  a commissioned security officer as defined by
  Section 1702.002, Occupations Code;
               (5)  a victim of family violence as defined by Section
  71.004, Family Code, if as a result of the act of family violence
  against the victim, the actor is convicted of a felony or a Class A
  misdemeanor; [and]
               (6)  a federal judge or state judge;
               (7) [(6)]  a current or former employee of a district
  attorney, criminal district attorney, or county or municipal
  attorney whose jurisdiction includes any criminal law or child
  protective services matters;
               (8) [(6)]  an officer or employee of a community
  supervision and corrections department established under Chapter
  76, Government Code, who performs a duty described by Section
  76.004(b) of that code;
               (9)  a criminal investigator of the United States as
  described by Article 2.122(a), Code of Criminal Procedure; and
               (10)  a police officer or inspector of the United
  States Federal Protective Service.
         SECTION 4.  The changes in law made by this Act to Section
  552.1175, Government Code, and Section 25.025, Tax Code, apply only
  to a request for information that is received by a governmental body
  or an officer for public information on or after the effective date
  of this Act. A request for information that was received before the
  effective date of this Act is governed by the law in effect on the
  date the request was received, and the former law is continued in
  effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2009.
 
  * * * * *