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A BILL TO BE ENTITLED
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AN ACT
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relating to disclosure and use of certain information regarding the |
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Crime Victims' Compensation Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 56, Code of Criminal |
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Procedure, is amended by adding Article 56.65 to read as follows: |
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Art. 56.65. DISCLOSURE AND USE OF INFORMATION. (a) This |
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article does not apply to information made confidential by law. |
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(b) An application for compensation under this subchapter |
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and any information, document, summary, or other record provided to |
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or received, maintained, or created by the attorney general under |
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this subchapter is: |
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(1) except as provided by Section 552.132(c), |
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Government Code, not subject to disclosure under Chapter 552 of |
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that code; and |
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(2) except as provided by Subsection (c), not subject |
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to disclosure, discovery, subpoena, or other means of legal |
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compulsion for release. |
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(c) The attorney general may not release or disclose an |
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application for compensation under this subchapter, or any |
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information, document, summary, or other record provided to or |
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received, maintained, or created by the attorney general under this |
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subchapter, except: |
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(1) by court order for good cause shown, if the order |
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includes a finding that the information is not available from any |
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other source; |
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(2) with the consent of: |
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(A) the claimant or victim; or |
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(B) the person that provided the information to |
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the attorney general; |
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(3) to an employee or other person under the direction |
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of the attorney general; |
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(4) to another crime victims' compensation program |
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that meets the requirements of 42 U.S.C. Section 10602(b); |
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(5) to a person authorized by the attorney general to |
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receive the information in order to: |
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(A) conduct an audit as required by state or |
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federal law; |
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(B) provide a review or examination under Article |
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56.38, 56.385, or 56.39 for the purpose of determining the |
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appropriateness of an award under this subchapter; |
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(C) prevent, deter, or punish fraud related to |
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this subchapter; or |
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(D) assert subrogation or restitution rights; or |
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(6) as the attorney general determines necessary to |
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enforce this chapter, including presenting the application, |
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information, document, summary, or record in court. |
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SECTION 2. The change in law made by this Act applies only |
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to a request for information that is received on or after the |
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effective date of this Act. A request for information that was |
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received before the effective date of this Act is governed by the |
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law in effect on the date the request was received, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |