bill shielding university board members’ personal info from records requests

The text as introduced · 2,736 words

89R13512 TJB-F

By: Darby
H.B. No. 4136

A BILL TO BE ENTITLED

AN ACT

relating to the availability of certain personal information of a

member of the governing board of an institution of higher

education, the chief executive officer of the institution, or the

chief executive officer of a university system.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 552.117(a), Government Code, is amended

to read as follows:

(a) Information is excepted from the requirements of

Section 552.021 if it is information that relates to the home

address, home telephone number, emergency contact information, or

social security number of the following person or that reveals

whether the person has family members:

(1) a current or former official or employee of a

governmental body, except as otherwise provided by Section 552.024;

(2) a current or honorably retired peace officer as

defined by Article 2A.001, Code of Criminal Procedure, or a current

or honorably retired security officer commissioned under Section

51.212, Education Code, regardless of whether the officer complies

with Section 552.024 or 552.1175, as applicable;

(3) a current or former employee of the Texas

Department of Criminal Justice or of the predecessor in function of

the department or any division of the department, regardless of

whether the current or former employee complies with Section

552.1175;

(4) a peace officer as defined by Article 2A.001, Code

of Criminal Procedure, or other law, a reserve law enforcement

officer, a commissioned deputy game warden, or a corrections

officer in a municipal, county, or state penal institution in this

state who was killed in the line of duty, regardless of whether the

deceased complied with Section 552.024 or 552.1175;

(5) a commissioned security officer as defined by

Section 1702.002, Occupations Code, regardless of whether the

officer complies with Section 552.024 or 552.1175, as applicable;

(6) an officer or employee of a community supervision

and corrections department established under Chapter 76 who

performs a duty described by Section 76.004(b), regardless of

whether the officer or employee complies with Section 552.024 or

552.1175;

(7) a current or former employee of the office of the

attorney general who is or was assigned to a division of that office

the duties of which involve law enforcement or are performed under

Chapter 231, Family Code, regardless of whether the current or

former employee complies with Section 552.024 or 552.1175;

(8) a current or former employee of the Texas Juvenile

Justice Department or of the predecessors in function of the

department, regardless of whether the current or former employee

complies with Section 552.024 or 552.1175;

(9) a current or former juvenile probation or

supervision officer certified by the Texas Juvenile Justice

Department, or the predecessors in function of the department,

under Title 12, Human Resources Code, regardless of whether the

current or former officer complies with Section 552.024 or

552.1175;

(10) a current or former employee of a juvenile

justice program or facility, as those terms are defined by Section

261.405, Family Code, regardless of whether the current or former

employee complies with Section 552.024 or 552.1175;

(11) a current or former member of the United States

Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary

service of one of those branches of the armed forces, or the Texas

military forces, as that term is defined by Section 437.001;

(12) a current or former district attorney, criminal

district attorney, or county or municipal attorney whose

jurisdiction includes any criminal law or child protective services

matters, regardless of whether the current or former attorney

complies with Section 552.024 or 552.1175;

(13) a current or former employee of a district

attorney, criminal district attorney, or county or municipal

attorney whose jurisdiction includes any criminal law or child

protective services matters, regardless of whether the current or

former employee complies with Section 552.024 or 552.1175;

(14) a current or former employee of the Texas Civil

Commitment Office or of the predecessor in function of the office or

a division of the office, regardless of whether the current or

former employee complies with Section 552.024 or 552.1175;

(15) a current or former federal judge or state judge,

as those terms are defined by Section 1.005, Election Code, a

federal bankruptcy judge, a marshal of the United States Marshals

Service, a United States attorney, or a family member of a current

or former federal judge, including a federal bankruptcy judge, a

marshal of the United States Marshals Service, a United States

attorney, or a state judge;

(16) a current or former child protective services

caseworker, adult protective services caseworker, or investigator

for the Department of Family and Protective Services, regardless of

whether the caseworker or investigator complies with Section

552.024 or 552.1175, or a current or former employee of a department

contractor performing child protective services caseworker, adult

protective services caseworker, or investigator functions for the

contractor on behalf of the department;

(17) an elected public officer, regardless of whether

the officer complies with Section 552.024 or 552.1175;

(18) a current or former United States attorney,

assistant United States attorney, federal public defender, deputy

federal public defender, or assistant federal public defender and

the spouse or child of the current or former attorney or public

defender, regardless of whether the person complies with Section

552.024 or 552.1175; [ or ]

(19) a firefighter or volunteer firefighter or

emergency medical services personnel as defined by Section 773.003,

Health and Safety Code, regardless of whether the firefighter or

volunteer firefighter or emergency medical services personnel

comply with Section 552.024 or 552.1175, as applicable ;

(20) a member of the governing board of an institution

of higher education or a private or independent institution of

higher education, as those terms are defined by Section 61.003,

Education Code;

(21) the chancellor or other chief executive officer

of a university system, as defined by Section 61.003, Education

Code; or

(22) the president or other chief executive officer of

an institution of higher education or a private or independent

institution of higher education, as those terms are defined by

Section 61.003, Education Code .

SECTION 2. Section 552.1175(a), Government Code, is amended

to read as follows:

(a) This section applies only to:

(1) current or honorably retired peace officers as

defined by Article 2A.001, Code of Criminal Procedure, or special

investigators as described by Article 2A.002, Code of Criminal

Procedure;

(2) current or honorably retired 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) a current or former district attorney, criminal

district attorney, or county or municipal attorney whose

jurisdiction includes any criminal law or child protective services

matters;

(5-a) a current or former employee 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 2A.002(a), Code of Criminal Procedure;

(8) current or honorably retired police officers and

inspectors of the United States Federal Protective Service;

(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 or are performed

under Chapter 231, Family Code;

(10) current or former juvenile probation and

detention officers certified by the Texas Juvenile Justice

Department, or the predecessors in function of the department,

under Title 12, Human Resources Code;

(11) current or former employees of a juvenile justice

program or facility, as those terms are defined by Section 261.405,

Family Code;

(12) current or former employees of the Texas Juvenile

Justice Department or the predecessors in function of the

department;

(13) federal judges and state judges as defined by

Section 1.005, Election Code;

(14) current or former employees of the Texas Civil

Commitment Office or of the predecessor in function of the office or

a division of the office;

(15) a current or former member of the United States

Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary

service of one of those branches of the armed forces, or the Texas

military forces, as that term is defined by Section 437.001;

(16) a current or former child protective services

caseworker, adult protective services caseworker, or investigator

for the Department of Family and Protective Services or a current or

former employee of a department contractor performing child

protective services caseworker, adult protective services

caseworker, or investigator functions for the contractor on behalf

of the department;

(17) an elected public officer;

(18) a firefighter or volunteer firefighter or

emergency medical services personnel as defined by Section 773.003,

Health and Safety Code; [ and ]

(19) a current or former United States attorney,

assistant United States attorney, federal public defender, deputy

federal public defender, or assistant federal public defender ;

(20) a member of the governing board of an institution

of higher education or a private or independent institution of

higher education, as those terms are defined by Section 61.003,

Education Code;

(21) the chancellor or other chief executive officer

of a university system, as defined by Section 61.003, Education

Code; and

(22) the president or other chief executive officer of

an institution of higher education or a private or independent

institution of higher education, as those terms are defined by

Section 61.003, Education Code .

SECTION 3. Section 25.025(a), Tax Code, as amended by

Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B.

4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular

Session, 2023, is reenacted and amended to read as follows:

(a) This section applies only to:

(1) a current or former peace officer as defined by

Article 2A.001, Code of Criminal Procedure, and the spouse or

surviving spouse of the peace officer;

(2) the adult child of a current peace officer as

defined by Article 2A.001, Code of Criminal Procedure;

(3) a current or honorably retired county jailer as

defined by Section 1701.001, Occupations Code;

(4) an employee of the Texas Department of Criminal

Justice;

(5) a commissioned security officer as defined by

Section 1702.002, Occupations Code;

(6) an individual who shows that the individual, the

individual's child, or another person in the individual's household

is a victim of family violence as defined by Section 71.004, Family

Code, by providing:

(A) a copy of a protective order issued under

Chapter 85, Family Code, or a magistrate's order for emergency

protection issued under Article 17.292, Code of Criminal Procedure;

or

(B) other independent documentary evidence

necessary to show that the individual, the individual's child, or

another person in the individual's household is a victim of family

violence;

(7) an individual who shows that the individual, the

individual's child, or another person in the individual's household

is a victim of sexual assault or abuse, stalking, or trafficking of

persons by providing:

(A) a copy of a protective order issued under

Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a

magistrate's order for emergency protection issued under Article

17.292, Code of Criminal Procedure; or

(B) other independent documentary evidence

necessary to show that the individual, the individual's child, or

another person in the individual's household is a victim of sexual

assault or abuse, stalking, or trafficking of persons;

(8) a participant in the address confidentiality

program administered by the attorney general under Subchapter B,

Chapter 58, Code of Criminal Procedure, who provides proof of

certification under Article 58.059, Code of Criminal Procedure;

(9) a federal judge, a federal bankruptcy judge, a

marshal of the United States Marshals Service, a state judge, or a

family member of a federal judge, a federal bankruptcy judge, a

marshal of the United States Marshals Service, or a state judge;

(10) a current or former district attorney, criminal

district attorney, or county or municipal attorney whose

jurisdiction includes any criminal law or child protective services

matters;

(11) a current or former employee of a district

attorney, criminal district attorney, or county or municipal

attorney whose jurisdiction includes any criminal law or child

protective services matters;

(12) an officer or employee of a community supervision

and corrections department established under Chapter 76,

Government Code, who performs a duty described by Section 76.004(b)

of that code;

(13) a criminal investigator of the United States as

described by Article 2A.002(a), Code of Criminal Procedure;

(14) a current or honorably retired police officer or

inspector of the United States Federal Protective Service;

(15) a current or former United States attorney,

assistant United States attorney, federal public defender, deputy

federal public defender, or assistant federal public defender and

the spouse and child of the attorney or public defender;

(16) a current or former employee of the office of the

attorney general who is or was assigned to a division of that office

the duties of which involve law enforcement or are performed under

Chapter 231, Family Code;

(17) a medical examiner or person who performs

forensic analysis or testing who is employed by this state or one or

more political subdivisions of this state;

(18) a current or former member of the United States

armed forces who has served in an area that the president of the

United States by executive order designates for purposes of 26

U.S.C. Section 112 as an area in which armed forces of the United

States are or have engaged in combat;

(19) a current or former employee of the Texas

Juvenile Justice Department or of the predecessors in function of

the department;

(20) a current or former juvenile probation or

supervision officer certified by the Texas Juvenile Justice

Department, or the predecessors in function of the department,

under Title 12, Human Resources Code;

(21) a current or former employee of a juvenile

justice program or facility, as those terms are defined by Section

261.405, Family Code;

(22) a current or former employee of the Texas Civil

Commitment Office or the predecessor in function of the office or a

division of the office;

(23) a current or former employee of a federal judge or

state judge;

(24) a current or former child protective services

caseworker, adult protective services caseworker, or investigator

for the Department of Family and Protective Services or a current or

former employee of a department contractor performing child

protective services caseworker, adult protective services

caseworker, or investigator functions for the contractor on behalf

of the department;

(25) an elected public officer;

(26) a firefighter or volunteer firefighter or

emergency medical services personnel as defined by Section 773.003,

Health and Safety Code;

(27) a customs and border protection officer or border

patrol agent of United States Customs and Border Protection or the

spouse, surviving spouse, or adult child of a customs and border

protection officer or border patrol agent ;

(28) [ (27) a current or former attorney for the

Department of Family and Protective Services

[ (27) ] a current or former employee or contract staff

member of a university health care provider at a corrections

facility operated by the Texas Department of Criminal Justice or

the Texas Juvenile Justice Department; [ and ]

(29) [ (28) ] a current or former attorney for the

Department of Family and Protective Services ;

(30) a member of the governing board of an institution

of higher education or a private or independent institution of

higher education, as those terms are defined by Section 61.003,

Education Code;

(31) the chancellor or other chief executive officer

of a university system, as defined by Section 61.003, Education

Code; and

(32) the president or other chief executive officer of

an institution of higher education or a private or independent

institution of higher education, as those terms are defined by

Section 61.003, Education Code .

SECTION 4. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 5. The changes in law made by this Act apply only to

a request for information that is received by a governmental body or

an officer on or after the effective date of this Act.

SECTION 6. This Act takes effect September 1, 2025.