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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 individuals |
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who are honorably retired from certain law enforcement positions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.003, Government Code, is amended by |
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adding Subdivision (1-b) to read as follows: |
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(1-b) "Honorably retired" means, with respect to a |
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position, an individual who: |
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(A) previously served but is not currently |
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serving in the position; |
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(B) did not retire in lieu of any disciplinary |
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action; |
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(C) was eligible to retire from the position or |
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was ineligible to retire only as a result of an injury received in |
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the course of the individual's employment in the position; and |
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(D) is eligible to receive a pension or annuity |
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for service in the position or is ineligible to receive a pension or |
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annuity only because the entity that employed the individual does |
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not offer a pension or annuity to its employees. |
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SECTION 2. Section 552.117(a), Government Code, as |
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reenacted and amended by Chapters 367 (H.B. 1351), 633 (S.B. 1494), |
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1146 (H.B. 2910), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the |
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86th Legislature, Regular Session, 2019, is reenacted and amended |
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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 current or honorably retired peace officer as |
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defined by Article 2.12, Code of Criminal Procedure, or a current or |
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honorably retired security officer commissioned under Section |
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51.212, Education Code, regardless of whether the officer complies |
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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 United States |
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Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary |
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service of one of those branches of the armed forces, or the Texas |
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military 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; |
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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) a current or former employee 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, regardless of whether the current or |
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former employee complies with Section 552.024 or 552.1175; [or] |
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(15) a current or former federal judge or state judge, |
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as those terms are defined by Section 1.005, Election Code, or a |
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spouse of a current or former federal judge or state judge; |
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(16) a current or former child protective services |
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caseworker, adult protective services caseworker, or investigator |
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for the Department of Family and Protective Services, regardless of |
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whether the caseworker or investigator complies with Section |
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552.024 or 552.1175, or a current or former employee of a department |
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contractor performing child protective services caseworker, adult |
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protective services caseworker, or investigator functions for the |
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contractor on behalf of the department; [or] |
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(17) [(16)] a state officer elected statewide or a |
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member of the legislature, regardless of whether the officer or |
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member complies with Section 552.024 or 552.1175; |
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(18) [(16)] a current or former United States attorney |
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or assistant United States attorney and the spouse or child of the |
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attorney; or |
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(19) [(16)] a firefighter or volunteer firefighter or |
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emergency medical services personnel as defined by Section 773.003, |
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Health and Safety Code, regardless of whether the firefighter or |
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volunteer firefighter or emergency medical services personnel |
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comply with Section 552.024 or 552.1175, as applicable. |
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SECTION 3. Section 552.1175(a), Government Code, as amended |
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by Chapters 367 (H.B. 1351), 633 (S.B. 1494), 1146 (H.B. 2910), 1213 |
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(S.B. 662), and 1245 (H.B. 2446), Acts of the 86th Legislature, |
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Regular Session, 2019, is reenacted and amended to read as follows: |
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(a) This section applies only to: |
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(1) current or honorably retired peace officers as |
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defined by Article 2.12, Code of Criminal Procedure, or special |
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investigators as described by Article 2.122, Code of Criminal |
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Procedure; |
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(2) current or honorably retired county jailers as |
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defined by Section 1701.001, 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) current or honorably retired police officers and |
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inspectors of the United 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 1.005, Election Code; |
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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) a current or former member of the United States |
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Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary |
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service of one of those branches of the armed forces, or the Texas |
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military forces, as that term is defined by Section 437.001; |
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(16) [(15)] a current or former child protective |
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services caseworker, adult protective services caseworker, or |
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investigator for the Department of Family and Protective Services |
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or a current or former employee of a department contractor |
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performing child protective services caseworker, adult protective |
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services caseworker, or investigator functions for the contractor |
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on behalf of the department; [and] |
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(17) [(15)] state officers elected statewide and |
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members of the legislature; and |
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(18) [(15)] a firefighter or volunteer firefighter or |
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emergency medical services personnel as defined by Section 773.003, |
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Health and Safety Code. |
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SECTION 4. Section 25.025(a), Tax Code, as amended by |
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Chapters 467 (H.B. 4170), 469 (H.B. 4173), 633 (S.B. 1494), 1213 |
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(S.B. 662), and 1245 (H.B. 2446), Acts of the 86th Legislature, |
|
|
Regular Session, 2019, is reenacted and amended to read as follows: |
|
|
(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 current or honorably retired county jailer as |
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defined by Section 1701.001, 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) 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 sexual assault or abuse, stalking, or trafficking of |
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persons by providing: |
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(A) a copy of a protective order issued under |
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Subchapter A or B, Chapter 7B, 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) a participant in the address confidentiality |
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program administered by the attorney general under Subchapter B, |
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Chapter 58, Code of Criminal Procedure, who provides proof of |
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certification under Article 58.059, Code of Criminal Procedure; |
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(9) a federal judge, a state judge, or the spouse of a |
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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) 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) an officer or employee of a community supervision |
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and corrections department established under Chapter 76, |
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Government Code, who performs a duty described by Section 76.004(b) |
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of that code; |
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(13) a criminal investigator of the United States as |
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described by Article 2.122(a), Code of Criminal Procedure; |
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(14) a current or honorably retired police officer or |
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inspector of the United States Federal Protective Service; |
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(15) a current or former United States attorney or |
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assistant United States attorney and the spouse and child of the |
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attorney; |
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(16) 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; |
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(17) 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) a current or former member of the United States |
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armed forces who has served in an area that the president of the |
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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) 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) 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) 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; |
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(22) a current or former employee of the Texas Civil |
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Commitment Office or the predecessor in function of the office or a |
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division of the office; [and] |
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(23) a current or former employee of a federal judge or |
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state judge; |
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(24) a current or former child protective services |
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caseworker, adult protective services caseworker, or investigator |
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for the Department of Family and Protective Services or a current or |
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former employee of a department contractor performing child |
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protective services caseworker, adult protective services |
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caseworker, or investigator functions for the contractor on behalf |
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of the department; [and] |
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(25) [(24)] a state officer elected statewide or a |
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member of the legislature; and |
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(26) [(24)] a firefighter or volunteer firefighter or |
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emergency medical services personnel as defined by Section 773.003, |
|
|
Health and Safety Code. |
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|
SECTION 5. Section 25.025(a-1), Tax Code, is amended by |
|
|
adding Subdivision (1-a) to read as follows: |
|
|
(1-a) "Honorably retired" means, with respect to a |
|
|
position, an individual who: |
|
|
(A) previously served but is not currently |
|
|
serving in the position; |
|
|
(B) did not retire in lieu of any disciplinary |
|
|
action; |
|
|
(C) was eligible to retire from the position or |
|
|
was ineligible to retire only as a result of an injury received in |
|
|
the course of the individual's employment in the position; and |
|
|
(D) is eligible to receive a pension or annuity |
|
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for service in the position or is ineligible to receive a pension or |
|
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annuity only because the entity that employed the individual does |
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not offer a pension or annuity to its employees. |
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SECTION 6. 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 7. To the extent of any conflict, this Act prevails |
|
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over another Act of the 87th Legislature, Regular Session, 2021, |
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|
relating to nonsubstantive additions to and corrections in enacted |
|
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codes. |
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SECTION 8. 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 |
|
|
Act takes effect September 1, 2021. |