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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of certain personal information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.117(a), Government Code, is amended |
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to read as follows: |
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(a) Information is excepted from the requirements |
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of Section 552.021 if it is information that relates to the home |
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address, home telephone number, or social security number of the |
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following person or that reveals whether the person has family |
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members: |
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(1) a current or former official or employee of a |
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governmental body, except as otherwise provided by Section 552.024; |
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(2) a peace officer as defined by Article 2.12, Code of |
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Criminal Procedure, or a security officer commissioned under |
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Section 51.212, Education Code, regardless of whether the officer |
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complies with Section 552.024 or 552.1175, as applicable; |
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(3) a current or former employee of the Texas |
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Department of Criminal Justice or of the predecessor in function of |
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the department or any division of the department, regardless of |
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whether the current or former employee complies with Section |
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552.1175; |
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(4) a peace officer as defined by Article 2.12, Code of |
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Criminal Procedure, or other law, a reserve law enforcement |
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officer, a commissioned deputy game warden, or a corrections |
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officer in a municipal, county, or state penal institution in this |
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state who was killed in the line of duty, regardless of whether the |
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deceased complied with Section 552.024 or 552.1175; |
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(5) a commissioned security officer as defined by |
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Section 1702.002, Occupations Code, regardless of whether the |
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officer complies with Section 552.024 or 552.1175, as applicable; |
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[or] |
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(6) an officer or employee of a community supervision |
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and corrections department established under Chapter 76 who |
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performs a duty described by Section 76.004(b), regardless of |
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whether the officer or employee complies with Section 552.024 or |
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552.1175; or |
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(7) a current or former employee of the office of the |
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attorney general who is or was assigned to a division of that office |
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the duties of which involve law enforcement, regardless of whether |
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the current or former employee complies with Section 552.024 or |
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552.1175. |
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SECTION 2. Section 552.1175(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to: |
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(1) peace officers as defined by Article 2.12, Code of |
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Criminal Procedure; |
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(2) county jailers as defined by Section 1701.001, |
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Occupations Code; |
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(3) current or former employees of the Texas |
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Department of Criminal Justice or of the predecessor in function of |
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the department or any division of the department; |
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(4) commissioned security officers as defined by |
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Section 1702.002, Occupations Code; |
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(5) employees of a district attorney, criminal |
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district attorney, or county or municipal attorney whose |
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jurisdiction includes any criminal law or child protective services |
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matters; |
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(6) officers and employees of a community supervision |
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and corrections department established under Chapter 76 who perform |
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a duty described by Section 76.004(b); |
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(7) criminal investigators of the United States as |
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described by Article 2.122(a), Code of Criminal Procedure; [and] |
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(8) police officers and inspectors of the United |
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States Federal Protective Service; and |
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(9) current and former employees of the office of the |
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attorney general who are or were assigned to a division of that |
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office the duties of which involve law enforcement. |
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SECTION 3. Subchapter Z, Chapter 157, Local Government |
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Code, is amended by adding Section 157.905 to read as follows: |
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Sec. 157.905. PERSONNEL RECORDS OF DEPUTY SHERIFF IN |
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CERTAIN COUNTIES. (a) This section applies only to a sheriff's |
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department in a county with a population of 300,000 or more. |
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(b) In this section, "personnel record" includes any |
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letter, memorandum, or document maintained by the sheriff's |
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department that relates to a deputy sheriff, including background |
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investigations, employment applications, employment contracts, |
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service and training records, requests for off-duty employment, |
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birth records, reference letters, letters of recommendation, |
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performance evaluations and counseling records, results of |
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physical tests, polygraph questionnaires and results, proficiency |
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tests, the results of health examinations and other medical |
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records, workers' compensation files, the results of psychological |
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examinations, leave requests, requests for transfers of shift or |
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duty assignments, commendations, promotional processes, demotions, |
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complaints and complaint investigations, employment-related |
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grievances, and school transcripts. |
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(c) The personnel records of a sheriff's deputy appointed |
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under Section 85.003 may not be disclosed or otherwise made |
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available to the public, except the sheriff's department shall |
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release, in accordance with Chapter 552, Government Code: |
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(1) any letter, memorandum, or document relating to: |
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(A) a commendation, congratulation, or honor |
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bestowed on the deputy for an action, duty, or activity that relates |
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to the deputy's official duties; and |
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(B) misconduct by the deputy, if the letter, |
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memorandum, or document resulted in disciplinary action; |
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(2) the application for employment submitted by the |
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deputy, but not including any attachments to the application; |
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(3) any reference letter submitted by the deputy; |
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(4) any letter of recommendation for the deputy; |
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(5) any employment contract with the deputy; |
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(6) any periodic evaluation of the deputy by a |
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supervisor; |
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(7) any document recording a promotion or demotion of |
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the deputy; |
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(8) any request for leave by the deputy; |
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(9) any request by the deputy for transfers of shift or |
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duty assignments; |
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(10) any documents presented and considered at a |
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public hearing under Chapter 158; |
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(11) the deputy's: |
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(A) name; |
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(B) age; |
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(C) dates of employment; |
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(D) positions held; and |
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(E) gross salary; and |
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(12) information about the location of the deputy's |
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department duty assignments. |
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(d) The sheriff's department may release any personnel |
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record of a deputy appointed under Section 85.003: |
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(1) pursuant to a subpoena or court order, including a |
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discovery order; |
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(2) for use by the sheriff's department in an |
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administrative hearing; or |
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(3) with the written authorization of the deputy who |
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is the subject of the record. |
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(e) A release of information under Subsection (d) does not |
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waive the right to assert in the future that the information is |
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excepted from required disclosure under this section or other law. |
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SECTION 4. Section 25.025(a), Tax Code, is amended to read |
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as follows: |
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(a) This section applies only to: |
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(1) a current or former peace officer as defined by |
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Article 2.12, Code of Criminal Procedure; |
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(2) a county jailer as defined by Section 1701.001, |
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Occupations Code; |
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(3) an employee of the Texas Department of Criminal |
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Justice; |
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(4) a commissioned security officer as defined by |
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Section 1702.002, Occupations Code; |
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(5) a victim of family violence as defined by Section |
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71.004, Family Code, if as a result of the act of family violence |
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against the victim, the actor is convicted of a felony or a Class A |
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misdemeanor; |
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(6) a federal judge, a state judge, or the spouse of a |
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federal judge or state judge; |
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(7) a current or former employee of a district |
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attorney, criminal district attorney, or county or municipal |
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attorney whose jurisdiction includes any criminal law or child |
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protective services matters; |
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(8) an officer or employee of a community supervision |
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and corrections department established under Chapter 76, |
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Government Code, who performs a duty described by Section 76.004(b) |
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of that code; |
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(9) a criminal investigator of the United States as |
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described by Article 2.122(a), Code of Criminal Procedure; [and] |
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(10) a police officer or inspector of the United |
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States Federal Protective Service; and |
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(11) a current or former employee of the office of the |
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attorney general who is or was assigned to a division of that office |
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the duties of which involve law enforcement. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |