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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of an emergency call. |
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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 552.157 to read as follows: |
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Sec. 552.157. EXCEPTION: CONFIDENTIALITY OF CONTENT OF |
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EMERGENCY CALL. (a) A recording or transcript of an emergency call |
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made to a public safety agency or a public safety answering point, |
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as those terms are defined by Section 772.001, Health and Safety |
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Code, is confidential. |
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(b) A governmental body shall disclose information that is |
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confidential under this section and that is not confidential or |
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otherwise excepted from required disclosure under another |
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provision of law to a requestor who: |
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(1) has the express consent of the person who placed |
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the emergency call or of a legal representative of the person; |
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(2) is an investigator licensed under Chapter 1702, |
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Occupations Code, who certifies that the information will only be |
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used in conjunction with a civil, criminal, administrative, or |
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arbitral proceeding in a court or government agency, including |
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service of process, investigation in anticipation of litigation, |
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execution or enforcement of a judgment or order, or under any order |
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of any court; or |
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(3) is a first responder as defined by Section |
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421.095. |
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(c) A governmental body may withhold a recording or |
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transcript described by Subsection (a) without the necessity of |
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requesting a decision from the attorney 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, 2017. |