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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 5. OPEN GOVERNMENT; ETHICS |
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Subtitle A. OPEN GOVERNMENT |
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Chapter 552. PUBLIC INFORMATION |
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Subchapter C. INFORMATION EXCEPTED FROM REQUIRED DISCLOSURE |
Sec. 552.1175. CONFIDENTIALITY OF ADDRESSES, TELEPHONE NUMBERS, SOCIAL SECURITY NUMBERS, AND PERSONAL FAMILY INFORMATION OF PEACE OFFICERS, COUNTY JAILERS, SECURITY OFFICERS, AND EMPLOYEES OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE OR A PROSECUTOR'S OFFICE
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(a) This section applies only to:
(1) peace officers as defined by Article 2.12, Code of Criminal Procedure;
(2) county jailers as defined by Section 1701.001, Occupations Code;
(3) current or former employees of the Texas Department of Criminal Justice or of the predecessor in function of the department or any division of the department;
(4) commissioned security officers as defined by Section 1702.002, Occupations Code;
(5) employees of a district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters;
(6) officers and employees of a community supervision and corrections department established under Chapter 76 who perform a duty described by Section 76.004(b);
(7) criminal investigators of the United States as described by Article 2.122(a), Code of Criminal Procedure;
(8) police officers and inspectors of the United States Federal Protective Service; and
(9) current and former employees of the office of the attorney general who are or were assigned to a division of that office the duties of which involve law enforcement.
(b) Information that relates to the home address, home telephone number, emergency contact information, or social security number of an individual to whom this section applies, or that reveals whether the individual has family members is confidential and may not be disclosed to the public under this chapter if the individual to whom the information relates:
(1) chooses to restrict public access to the information; and
(2) notifies the governmental body of the individual's choice on a form provided by the governmental body, accompanied by evidence of the individual's status.
(c) A choice made under Subsection (b) remains valid until rescinded in writing by the individual.
(d) This section does not apply to information in the tax appraisal records of an appraisal district to which Section 25.025, Tax Code, applies.
(e) All documents filed with a county clerk and all documents filed with a district clerk are exempt from this section.
(f) A governmental body may redact information that must be withheld under Subsection (b) from any information the governmental body discloses under Section 552.021 without the necessity of requesting a decision from the attorney general under Subchapter G.
(g) If, under Subsection (f), a governmental body redacts or withholds information without requesting a decision from the attorney general about whether the information may be redacted or withheld, the requestor is entitled to seek a decision from the attorney general about the matter. The attorney general by rule shall establish procedures and deadlines for receiving information necessary to decide the matter and briefs from the requestor, the governmental body, and any other interested person. The attorney general shall promptly render a decision requested under this subsection, determining whether the redacted or withheld information was excepted from required disclosure to the requestor, not later than the 45th business day after the date the attorney general received the request for a decision under this subsection. The attorney general shall issue a written decision on the matter and provide a copy of the decision to the requestor, the governmental body, and any interested person who submitted necessary information or a brief to the attorney general about the matter. The requestor or the governmental body may appeal a decision of the attorney general under this subsection to a Travis County district court.
(h) A governmental body that redacts or withholds information under Subsection (f) shall provide the following information to the requestor on a form prescribed by the attorney general:
(1) a description of the redacted or withheld information;
(2) a citation to this section; and
(3) instructions regarding how the requestor may seek a decision from the attorney general regarding whether the redacted or withheld information is excepted from required disclosure.