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A BILL TO BE ENTITLED
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AN ACT
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relating to an exception to required disclosure under the public |
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information law for certain electronic information held by a |
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prosecutor, law enforcement agency, or corrections agency. |
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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 552.1082 to read as follows: |
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Sec. 552.1082. EXCEPTION: CERTAIN ELECTRONIC INFORMATION |
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HELD BY PROSECUTOR, LAW ENFORCEMENT AGENCY, OR CORRECTIONS AGENCY. |
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(a) Information held by a prosecutor, law enforcement agency, or |
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corrections agency is excepted from the requirements of Section |
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552.021 if the information: |
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(1) was obtained, or is a copy of information |
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obtained, from: |
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(A) an electronic communication device; |
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(B) a computer, tablet, or other similar device; |
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or |
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(C) a disk, flash drive, or other electronic |
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storage device; |
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(2) was obtained by any prosecutor, law enforcement |
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agency, or corrections agency: |
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(A) during the course of the detection, |
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investigation, or prosecution of a crime; or |
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(B) in a manner related to the detection, |
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investigation, or prosecution of a crime; and |
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(3) was not written or produced by a prosecutor, law |
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enforcement agency, or corrections agency. |
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(b) Subject to Subsection (c), a governmental body may |
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redact information described by Subsection (a) from any information |
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the governmental body discloses under Section 552.021 without the |
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necessity of requesting a decision from the attorney general under |
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Subchapter G. |
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(c) A governmental body that redacts or withholds |
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information under Subsection (b) shall provide a written notice to |
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the requestor: |
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(1) stating that information is being withheld from |
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the requestor as provided by this section; |
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(2) identifying the device described by Subsection |
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(a)(1) from which the information was obtained; and |
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(3) including, if known, the name of the person who |
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owned or possessed the device from which the information was |
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obtained at the time the device was obtained by a prosecutor, law |
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enforcement agency, or corrections agency. |
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SECTION 2. The change in law made by this Act applies only |
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to a request for public information received by the attorney |
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general under Chapter 552, Government Code, on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |