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A BILL TO BE ENTITLED
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AN ACT
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relating to the availability of personal information of a statewide |
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elected official or member of the legislature. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.117(a), Government Code, as amended |
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by Chapters 34 (S.B. 1576), 190 (S.B. 42), and 1006 (H.B. 1278), |
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Acts of the 85th Legislature, Regular Session, 2017, is reenacted |
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and amended to read as follows: |
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(a) Information is excepted from the requirements of |
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Section 552.021 if it is information that relates to the home |
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address, home telephone number, emergency contact information, or |
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social security number of the following person or that reveals |
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whether the person has family members: |
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(1) a current or former official or employee of a |
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governmental body, except as otherwise provided by Section 552.024; |
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(2) a peace officer as defined by Article 2.12, Code of |
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Criminal Procedure, or a security officer commissioned under |
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Section 51.212, Education Code, regardless of whether the officer |
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complies with Section 552.024 or 552.1175, as applicable; |
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(3) a current or former employee of the Texas |
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Department of Criminal Justice or of the predecessor in function of |
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the department or any division of the department, regardless of |
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whether the current or former employee complies with Section |
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552.1175; |
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(4) a peace officer as defined by Article 2.12, Code of |
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Criminal Procedure, or other law, a reserve law enforcement |
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officer, a commissioned deputy game warden, or a corrections |
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officer in a municipal, county, or state penal institution in this |
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state who was killed in the line of duty, regardless of whether the |
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deceased complied with Section 552.024 or 552.1175; |
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(5) a commissioned security officer as defined by |
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Section 1702.002, Occupations Code, regardless of whether the |
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officer complies with Section 552.024 or 552.1175, as applicable; |
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(6) an officer or employee of a community supervision |
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and corrections department established under Chapter 76 who |
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performs a duty described by Section 76.004(b), regardless of |
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whether the officer or employee complies with Section 552.024 or |
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552.1175; |
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(7) a current or former employee of the office of the |
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attorney general who is or was assigned to a division of that office |
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the duties of which involve law enforcement, regardless of whether |
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the current or former employee complies with Section 552.024 or |
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552.1175; |
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(8) a current or former employee of the Texas Juvenile |
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Justice Department or of the predecessors in function of the |
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department, regardless of whether the current or former employee |
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complies with Section 552.024 or 552.1175; |
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(9) a current or former juvenile probation or |
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supervision officer certified by the Texas Juvenile Justice |
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Department, or the predecessors in function of the department, |
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under Title 12, Human Resources Code, regardless of whether the |
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current or former officer complies with Section 552.024 or |
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552.1175; |
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(10) a current or former employee of a juvenile |
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justice program or facility, as those terms are defined by Section |
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261.405, Family Code, regardless of whether the current or former |
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employee complies with Section 552.024 or 552.1175; |
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(11) a current or former member of the Texas military |
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forces, as that term is defined by Section 437.001; |
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(12) a current or former district attorney, criminal |
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district attorney, or county or municipal attorney whose |
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jurisdiction includes any criminal law or child protective services |
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matters, regardless of whether the current or former attorney |
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complies with Section 552.024 or 552.1175; [or] |
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(13) a current or former employee of a district |
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attorney, criminal district attorney, or county or municipal |
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attorney whose jurisdiction includes any criminal law or child |
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protective services matters, regardless of whether the current or |
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former employee complies with Section 552.024 or 552.1175; |
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(14) [(12)] a current or former employee of the Texas |
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Civil Commitment Office or of the predecessor in function of the |
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office or a division of the office, regardless of whether the |
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current or former employee complies with Section 552.024 or |
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552.1175; |
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(15) [(12)] a current or former federal judge or state |
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judge, as those terms are defined by Section 13.0021(a), Election |
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Code, or a spouse of a current or former federal judge or state |
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judge; or |
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(16) a state officer elected statewide or a member of |
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the legislature, regardless of whether the officer or member |
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complies with Section 552.024 or 552.1175 [(13)
a current or
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former district attorney, criminal district attorney, or county
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attorney whose jurisdiction includes any criminal law or child
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protective services matter]. |
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SECTION 2. The heading to Section 552.1175, Government |
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Code, is amended to read as follows: |
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Sec. 552.1175. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER |
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OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS [, COUNTY
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JAILERS, SECURITY OFFICERS, EMPLOYEES OF CERTAIN STATE AGENCIES OR
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CERTAIN CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND
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FEDERAL AND STATE JUDGES]. |
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SECTION 3. Section 552.1175(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to: |
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(1) peace officers as defined by Article 2.12, Code of |
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Criminal Procedure; |
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(2) county jailers as defined by Section 1701.001, |
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Occupations Code; |
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(3) current or former employees of the Texas |
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Department of Criminal Justice or of the predecessor in function of |
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the department or any division of the department; |
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(4) commissioned security officers as defined by |
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Section 1702.002, Occupations Code; |
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(5) a current or former district attorney, criminal |
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district attorney, or county or municipal attorney whose |
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jurisdiction includes any criminal law or child protective services |
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matters; |
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(5-a) a current or former employee of a district |
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attorney, criminal district attorney, or county or municipal |
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attorney whose jurisdiction includes any criminal law or child |
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protective services matters; |
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(6) officers and employees of a community supervision |
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and corrections department established under Chapter 76 who perform |
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a duty described by Section 76.004(b); |
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(7) criminal investigators of the United States as |
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described by Article 2.122(a), Code of Criminal Procedure; |
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(8) police officers and inspectors of the United |
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States Federal Protective Service; |
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(9) current and former employees of the office of the |
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attorney general who are or were assigned to a division of that |
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office the duties of which involve law enforcement; |
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(10) current or former juvenile probation and |
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detention officers certified by the Texas Juvenile Justice |
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Department, or the predecessors in function of the department, |
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under Title 12, Human Resources Code; |
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(11) current or former employees of a juvenile justice |
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program or facility, as those terms are defined by Section 261.405, |
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Family Code; |
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(12) current or former employees of the Texas Juvenile |
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Justice Department or the predecessors in function of the |
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department; |
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(13) federal judges and state judges as defined by |
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Section 13.0021, Election Code; [and] |
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(14) current or former employees of the Texas Civil |
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Commitment Office or of the predecessor in function of the office or |
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a division of the office; and |
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(15) state officers elected statewide and members of |
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the legislature. |
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SECTION 4. Section 25.025(a), Tax Code, as amended by |
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Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B. |
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1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular |
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Session, 2017, is reenacted and amended to read as follows: |
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(a) This section applies only to: |
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(1) a current or former peace officer as defined by |
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Article 2.12, Code of Criminal Procedure, and the spouse or |
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surviving spouse of the peace officer; |
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(2) the adult child of a current peace officer as |
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defined by Article 2.12, Code of Criminal Procedure; |
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(3) a county jailer as defined by Section 1701.001, |
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Occupations Code; |
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(4) an employee of the Texas Department of Criminal |
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Justice; |
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(5) a commissioned security officer as defined by |
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Section 1702.002, Occupations Code; |
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(6) an individual who shows that the individual, the |
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individual's child, or another person in the individual's household |
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is a victim of family violence as defined by Section 71.004, Family |
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Code, by providing: |
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(A) a copy of a protective order issued under |
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Chapter 85, Family Code, or a magistrate's order for emergency |
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protection issued under Article 17.292, Code of Criminal Procedure; |
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or |
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(B) other independent documentary evidence |
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necessary to show that the individual, the individual's child, or |
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another person in the individual's household is a victim of family |
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violence; |
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(7) [(6)] an individual who shows that the individual, |
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the individual's child, or another person in the individual's |
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household is a victim of sexual assault or abuse, stalking, or |
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trafficking of persons by providing: |
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(A) a copy of a protective order issued under |
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Chapter 7A or Article 6.09, Code of Criminal Procedure, or a |
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magistrate's order for emergency protection issued under Article |
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17.292, Code of Criminal Procedure; or |
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(B) other independent documentary evidence |
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necessary to show that the individual, the individual's child, or |
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another person in the individual's household is a victim of sexual |
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assault or abuse, stalking, or trafficking of persons; |
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(8) [(7)] a participant in the address |
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confidentiality program administered by the attorney general under |
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Subchapter C, Chapter 56, Code of Criminal Procedure, who provides |
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proof of certification under Article 56.84, Code of Criminal |
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Procedure; |
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(9) [(8)] a federal judge, a state judge, or the |
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spouse of a federal judge or state judge; |
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(10) a current or former district attorney, criminal |
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district attorney, or county or municipal attorney whose |
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jurisdiction includes any criminal law or child protective services |
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matters; |
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(11) [(9)] a current or former employee of a district |
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attorney, criminal district attorney, or county or municipal |
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attorney whose jurisdiction includes any criminal law or child |
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protective services matters; |
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(12) [(10)] an officer or employee of a community |
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supervision and corrections department established under Chapter |
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76, Government Code, who performs a duty described by Section |
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76.004(b) of that code; |
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(13) [(11)] a criminal investigator of the United |
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States as described by Article 2.122(a), Code of Criminal |
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Procedure; |
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(14) [(12)] a police officer or inspector of the |
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United States Federal Protective Service; |
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(15) [(13)] a current or former United States attorney |
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or assistant United States attorney and the spouse and child of the |
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attorney; |
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(16) [(14)] a current or former employee of the office |
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of the attorney general who is or was assigned to a division of that |
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office the duties of which involve law enforcement; |
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(17) [(15)] a medical examiner or person who performs |
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forensic analysis or testing who is employed by this state or one or |
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more political subdivisions of this state; |
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(18) [(16)] a current or former member of the United |
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States armed forces who has served in an area that the president of |
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the United States by executive order designates for purposes of 26 |
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U.S.C. Section 112 as an area in which armed forces of the United |
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States are or have engaged in combat; |
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(19) [(17)] a current or former employee of the Texas |
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Juvenile Justice Department or of the predecessors in function of |
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the department; |
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(20) [(18)] a current or former juvenile probation or |
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supervision officer certified by the Texas Juvenile Justice |
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Department, or the predecessors in function of the department, |
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under Title 12, Human Resources Code; |
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(21) [(19)] a current or former employee of a juvenile |
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justice program or facility, as those terms are defined by Section |
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261.405, Family Code; [and] |
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(22) [(18)] a current or former employee of the Texas |
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Civil Commitment Office or of the predecessor in function of the |
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office or a division of the office; |
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(23) [(18)] a current or former employee of a federal |
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judge or state judge; and |
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(24) a state officer elected statewide or a member of |
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the legislature. |
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SECTION 5. The changes in law made by this Act to Sections |
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552.117 and 552.1175, Government Code, and Section 25.025, Tax |
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Code, apply only to a request for information that is received by a |
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governmental body or an officer on or after the effective date of |
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this Act. A request for information that was received before the |
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effective date of this Act is governed by the law in effect on the |
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date the request was received, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. To the extent of any conflict, this Act prevails |
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over another Act of the 86th Legislature, Regular Session, 2019, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 7. 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, 2019. |
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* * * * * |