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AN ACT
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relating to confidentiality of certain information under the public |
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information law and in local tax appraisal records regarding |
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federal law enforcement officers. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Subsections (a) and (c), Article 2.122, Code of |
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Criminal Procedure, are amended to read as follows: |
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�������(a)��The following named criminal investigators of the |
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United States shall not be deemed peace officers, but shall have the |
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powers of arrest, search and seizure as to felony offenses only |
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under the laws of the State of Texas: |
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�������������(1)��Special Agents of the Federal Bureau of |
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Investigation; |
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�������������(2)��Special Agents of the Secret Service; |
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�������������(3)��Special Agents of the United States Immigration |
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andCustoms Enforcement [Service]; |
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�������������(4)��Special Agents of Alcohol, Tobacco and Firearms; |
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�������������(5)��Special Agents of Federal Drug Enforcement Agency; |
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�������������(6)��Inspectors of the United States Postal Service; |
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�������������(7)��Special Agents of the Criminal Investigation |
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Division and Inspectors of the Internal Security Division of the |
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Internal Revenue Service; |
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�������������(8)��Civilian Special Agents of the United States Naval |
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Investigative Service; |
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�������������(9)��Marshals and Deputy Marshals of the United States |
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Marshals Service; |
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�������������(10)��Special Agents of the United States Citizenship |
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and Immigration Services [Immigration and Naturalization Service]; |
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and |
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�������������(11)��Special Agents of the United States Department of |
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State, Bureau of Diplomatic Security. |
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�������(c)��A Customs and Border Protection Officer of the United |
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States Customs and Border Protection [customs inspector of the
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United States Customs Service] or a Border Patrol agent, |
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immigration enforcement agent, or deportation [border patrolman or
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immigration] officer of the Department of Homeland Security [United
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States Department of Justice] is not a peace officer under the laws |
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of this state but, on the premises of a port facility designated by |
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the commissioner of the United States Customs and Border Protection |
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[Immigration and Naturalization Service] as a port of entry for |
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arrival in the United States by land transportation from the United |
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Mexican States into the State of Texas or at a permanent established |
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border patrol traffic check point, has the authority to detain a |
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person pending transfer without unnecessary delay to a peace |
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officer if the agent [inspector, patrolman,] or officer has |
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probable cause to believe that the person has engaged in conduct |
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that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal |
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Code, regardless of whether the violation may be disposed of in a |
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criminal proceeding or a juvenile justice proceeding. |
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�������SECTION�2.��Subsection (a), Section 552.1175, Government |
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Code, is amended 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)��employees of a 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; [and] |
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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; and |
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�������������(8)��police officers and inspectors of the United |
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States Federal Protective Service. |
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�������SECTION�3.��Subsection (a), Section 25.025, Tax Code, as |
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amended by Chapters 594 (H.B. 41), 621 (H.B. 455), and 851 (H.B. |
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1141), Acts of the 80th Legislature, Regular Session, 2007, is |
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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; |
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�������������(2)��a county jailer as defined by Section 1701.001, |
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Occupations Code; |
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�������������(3)��an employee of the Texas Department of Criminal |
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Justice; |
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�������������(4)��a commissioned security officer as defined by |
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Section 1702.002, Occupations Code; |
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�������������(5)��a victim of family violence as defined by Section |
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71.004, Family Code, if as a result of the act of family violence |
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against the victim, the actor is convicted of a felony or a Class A |
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misdemeanor; [and] |
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�������������(6)��a federal judge or state judge; |
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�������������(7)�[(6)]��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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�������������(8)�[(6)]��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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�������������(9)��a criminal investigator of the United States as |
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described by Article 2.122(a), Code of Criminal Procedure; and |
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�������������(10)��a police officer or inspector of the United |
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States Federal Protective Service. |
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�������SECTION�4.��The changes in law made by this Act to Section |
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552.1175, Government Code, and Section 25.025, Tax Code, apply only |
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to a request for information that is received by a governmental body |
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or an officer for public information on or after the effective date |
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of 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�5.��This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I hereby certify that S.B.�No.�390 passed the Senate on |
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April�17,�2009, by the following vote:��Yeas�28, Nays�0. |
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______________________________ |
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Secretary of the Senate���� |
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�������I hereby certify that S.B.�No.�390 passed the House on |
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May�27,�2009, by the following vote:��Yeas�148, Nays�0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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Approved: |
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______________________________� |
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������������Date |
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______________________________� |
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����������Governor |