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BILL ANALYSIS

 

 

Senate Research Center

H.B. 1311

84R2423 SRS-D

By: McClendon (Menendez)

 

Criminal Justice

 

5/15/2015

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Employees of the Texas Juvenile Justice Department (TJJD) are often on the front lines of emotional and potentially dangerous family and community situations, and, as a result, some of the individuals served by a TJJD employee may harbor resentment aimed at the employees. H.B. 1311 is intended to protect the safety of current and former TJJD employees who may be at risk of retaliation.

 

H.B. 1311 amends current law relating to the confidentiality of personal information concerning certain employees currently or formerly involved in the Texas juvenile justice system.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 552.117(a), Government Code, as follows:

 

(a) Provides that information is excepted from the requirements of Section 552.021 (Availability of Public Information) if it is information that relates to the home address, home telephone number, emergency contact information, or social security number of the following person or that reveals whether the person has family members:

 

(1)-(7) Makes no change to these subdivisions;

 

(8) a current or former employee of the Texas Juvenile Justice Department (TJJD) or of the predecessors in function of TJJD, regardless of whether the current or former employee complies with Section 552.024 (Electing to Disclose Address and Telephone Number) or 552.1175 (Confidentiality of Certain Personal Identifying Information of Peace Officers, County Jailers, Security Officers, Employees of Certain Criminal or Juvenile Justice Agencies or Offices, and Federal and State Judges), rather than complies with Section 552.1175;

 

(9) a current or former juvenile probation or supervision officer certified by TJJD, or the predecessors in function of TJJD, under Title 12 (Juvenile Justice Services and Facilities), Human Resources Code, regardless of whether the current or former officer complies with Section 552.024 or 552.1175; or

 

(10) a current or former employee, rather than employees, of a juvenile justice program or facility, as those terms are defined by Section 261.405 (Investigations in Juvenile Justice Programs and Facilities), Family Code, regardless of whether the current or former employee complies with Section 552.024 or 552.1175.

 

SECTION 2. Reenacts Section 552.1175(a), Government Code, as amended by Chapters 937 (H.B. 1632) and 1033 (H.B. 2733), Acts of the 83rd Legislature, Regular Session, 2013, and amends it as follows:

 

(a) Provides that this section applies only to:

 

(1)-(8) Makes no change to these subdivisions;

 

(9) Makes a nonsubstantive change;

 

(10) current or former juvenile probation and detention officers certified by TJJD, or the predecessors in function of TJJD, under Title 12, Human Resources Code;

 

(11) current or former employees of a juvenile justice program or facility, as those terms are defined by Section 261.405, Family Code;

 

(12) current or former employees of TJJD or the predecessors in function of TJJD; and

 

(13) Redesignates existing Subdivision (10) as Subdivision (13) and makes no further change.

 

SECTION 3. Reenacts Section 25.025(a), Tax Code, as reenacted and amended by Chapters 996 (H.B. 2267) and 1028 (H.B. 2676), Acts of the 83rd Legislature, Regular Session, 2013, and amends it as follows:

 

(a) Provides that this section applies only to:

 

(1)-(11) Makes no change to these subdivisions;

 

(12) and (13) Makes nonsubstantive changes;

 

(14) Redesignates existing Subdivision (13) as Subdivision (14) and makes a nonsubstantive change;

 

(15) a current or former employee of TJJD or of the predecessors in function of TJJD;

 

(16) a current or former juvenile probation or supervision officer certified by TJJD, or the predecessors in function of TJJD, under Title 12, Human Resources Code; and

 

(17) a current or former employee of a juvenile justice program or facility, as those terms are defined by Section 261.405, Family Code.

 

SECTION 4. Provides that, to the extent of any conflict, this Act prevails over another Act of the 84th Legislature, Regular Session, 2015, relating to nonsubstantive additions to and corrections in enacted codes.

 

SECTION 5. Effective date: upon passage or September 1, 2015.