BILL ANALYSIS |
C.S.H.B. 3640 |
By: Hunter |
Homeland Security & Public Safety |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Concerns have been raised about
the availability of recordings and transcripts of emergency calls to entities
or individuals outside of the public safety agency that received such calls.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 3640 amends the Government Code to make a recording or transcript of an emergency call made to a public safety agency or a public safety answering point, as those terms are defined in the Health and Safety Code, confidential. The bill requires a governmental body to disclose such information that is not confidential or otherwise excepted from required disclosure under another provision of law to a requester who has the express consent of the person who placed the emergency call or of a legal representative of the person; who is a licensed investigator who certifies that the information will only be used in conjunction with a civil, criminal, administrative, or arbitral proceeding in a court or government agency; or who is a first responder. The bill authorizes a governmental body to withhold a recording or transcript without the necessity of requesting a decision from the attorney general.
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EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 3640 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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