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A BILL TO BE ENTITLED
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AN ACT
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relating to the exception of certain communications by law |
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enforcement agencies and officers from disclosure under the public |
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information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 552, Government Code, is |
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amended by adding Section 552.1081 to read as follows: |
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Sec. 552.1081. EXCEPTION: CERTAIN LAW ENFORCEMENT |
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COMMUNICATIONS. (a) In this section, "peace officer" means a |
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person designated as a peace officer by Article 2.12, Code of |
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Criminal Procedure. |
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(b) Records of telephone calls, text messages, e-mails, or |
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other electronic communications to which a peace officer is a party |
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are excepted from the requirements of Section 552.021. The |
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communications are subject to disclosure under an appropriate court |
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order, subpoena, or order compelling disclosure in discovery. |
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(c) A law enforcement agency or officer may redact |
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information that may be withheld under Subsection (a) from any |
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information the agency or officer discloses under Section 552.021 |
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without the necessity of requesting a decision from the attorney |
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general under Subchapter G. |
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SECTION 2. 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, 2013. |