By: Hunter H.B. No. 2222       A BILL TO BE ENTITLED   AN ACT   relating to the confidentiality of home address information of   certain victims of family violence, sexual assault or abuse,   stalking, or trafficking of persons.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subchapter C, Chapter 56, Code of   Criminal Procedure, is amended to read as follows:   SUBCHAPTER C. ADDRESS CONFIDENTIALITY PROGRAM FOR VICTIMS OF FAMILY   VIOLENCE, SEXUAL ASSAULT OR ABUSE, [OR] STALKING, OR TRAFFICKING OF   PERSONS          SECTION 2.  Article 56.81, Code of Criminal Procedure, is   amended by adding Subdivisions (3-a), (6-a), (6-b), and (6-c) and   amending Subdivision (7) to read as follows:                (3-a)  "Household" has the meaning assigned by Section   71.005, Family Code.                (6-a)  "Sexual abuse" means any conduct that   constitutes an offense under Section 21.02, 21.11, or 25.02, Penal   Code.                (6-b)  "Sexual assault" means any conduct that   constitutes an offense under Section 22.011 or 22.021, Penal Code.                (6-c)  "Stalking" means any conduct that constitutes an   offense under Section 42.072, Penal Code.                (7)  "Trafficking of persons" means any conduct that   constitutes an offense [that may be prosecuted] under Section   20A.02, 20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal   Code, and that results in a person:                      (A)  engaging in forced labor or services; or                      (B)  otherwise becoming a victim of the offense.          SECTION 3.  Article 56.82(a), Code of Criminal Procedure, is   amended to read as follows:          (a)  The attorney general shall establish an address   confidentiality program, as provided by this subchapter, to assist   a victim of family violence, sexual assault or abuse, stalking, or   trafficking of persons[, or an offense under Section 22.011,   22.021, 25.02, or 42.072, Penal Code,] in maintaining a   confidential address.          SECTION 4.  Section 56.83, Code of Criminal Procedure, is   amended by amending Subsections (a), (b), and (e) and adding   Subsection (e-1) to read as follows:          (a)  To be eligible to participate in the program, an   applicant must:                (1)  either:                      (A)  meet with a victim's assistance counselor   from a state or local agency or other entity, whether for-profit or   nonprofit, that is identified by the attorney general as an entity   that provides counseling and shelter services to victims of family   violence, sexual assault or abuse, stalking, or trafficking of   persons[, or an offense under Section 22.011, 22.021, 25.02, or   42.072, Penal Code];                      (B)  be protected under, or be filing an   application on behalf of a victim who is the applicant's child or   another person in the applicant's household and who is protected   under:                            (i)  a temporary injunction issued under   Subchapter F, Chapter 6, Family Code;                            (ii)  a temporary ex parte order issued   under Chapter 83, Family Code;                            (iii)  an order issued under Chapter 7A or   Article 6.09 of this code or Chapter 85, Family Code; or                            (iv)  a magistrate's order for emergency   protection issued under Article 17.292; or                      (C)  possess documentation of family violence, as   identified by the rules adopted under this section, or of sexual   assault or abuse or stalking, as described by Section 92.0161,   Property Code;                (2)  file an application for participation with the   attorney general or a state or local agency or other entity   identified by the attorney general under Subdivision (1);                (3)  file an affirmation that the applicant has   discussed safety planning with a victim's assistance counselor   described by Subdivision (1)(A);                (4)  designate the attorney general as agent to receive   service of process and mail on behalf of the applicant; and                (5) [(4)]  live at a residential address, or relocate   to a residential address, that is unknown to the person who   committed or is alleged to have committed the family violence,   sexual assault or abuse, stalking, or trafficking of persons[, or   an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal   Code].          (b)  An application under Subsection (a)(2) must contain:                (1)  a signed, sworn statement by the applicant stating   that the applicant fears for the safety of the applicant, the   applicant's child, or another person in the applicant's household   because of a threat of immediate or future harm caused by the person   who committed or is alleged to have committed the family violence,   sexual assault or abuse, stalking, or [the] trafficking of   persons[, or an offense under Section 22.011, 22.021, 25.02, or   42.072, Penal Code];                (2)  the applicant's true residential address and, if   applicable, the applicant's business and school addresses; and                (3)  a statement by the applicant of whether there is an   existing court order or a pending court case for child support or   child custody or visitation that involves the applicant, the   applicant's child, or another person in the applicant's household   and, if so, the name and address of:                      (A)  the legal counsel of record; and                      (B)  each parent involved in the court order or   pending case.          (e)  The attorney general by rule may establish additional   eligibility requirements for participation in the program that are   consistent with the purpose of the program as stated in Article   56.82(a).          (e-1)  The attorney general may establish procedures for   requiring an applicant, in appropriate circumstances, to submit   with the application under Subsection (a)(2) independent   documentary evidence of family violence, sexual assault or abuse,   stalking, or trafficking of persons[, or an offense under Section   22.011, 22.021, 25.02, or 42.072, Penal Code,] in the form of:                (1)  an active or recently issued [protective] order   described by Subsection (a)(1)(B);                (2)  an incident report or other record maintained by a   law enforcement agency or official;                (3)  a statement of a physician or other health care   provider regarding the [applicant's] medical condition of the   applicant, applicant's child, or other person in the applicant's   household as a result of the family violence, sexual assault or   abuse, stalking, or trafficking of persons[, or offense]; [or]                (4)  a statement of a mental health professional, a   member of the clergy, an attorney or other legal advocate, a trained   staff member of a family violence center, or another professional   who has assisted the applicant, applicant's child, or other person   in the applicant's household in addressing the effects of the   family violence, sexual assault or abuse, stalking, or trafficking   of persons; or                (5)  any other independent documentary evidence   necessary to show the applicant's eligibility to participate in the   program[, or offense].          SECTION 5.  Article 56.90(a), Code of Criminal Procedure, is   amended to read as follows:          (a)  The attorney general:                (1)  shall disclose a participant's true residential,   business, or school address if:                      (A)  requested by:                            (i)  a law enforcement agency for the   purpose of conducting an investigation;                            (ii)  the Department of Family and   Protective Services for the purpose of conducting a child   protective services investigation under Chapter 261, Family Code;   or                            (iii)  the Department of State Health   Services or a local health authority for the purpose of making a   notification described by Article 21.31 of this code, Section   54.033, Family Code, or Section 81.051, Health and Safety Code; or                      (B)  required by court order; and                (2)  may disclose a participant's true residential,   business, or school address if:                      (A)  the participant consents to the disclosure;   and                      (B)  the disclosure is necessary to administer the   program.          SECTION 6.  Section 13.004(c), Election Code, is amended to   read as follows:          (c)  The following information furnished on a registration   application is confidential and does not constitute public   information for purposes of Chapter 552, Government Code:                (1)  a social security number;                (2)  a Texas driver's license number;                (3)  a number of a personal identification card issued   by the Department of Public Safety;                (4)  an indication that an applicant is interested in   working as an election judge; [or]                (5)  the residence address of the applicant, if the   applicant is a federal judge or state judge, as defined by Section   13.0021, the spouse of a federal judge or state judge, or an   individual to whom Section 552.1175, Government Code, applies and   the applicant:                      (A)  included an affidavit with the registration   application describing the applicant's status under this   subdivision, including an affidavit under Section 13.0021 if the   applicant is a federal judge or state judge or the spouse of a   federal judge or state judge;                      (B)  provided the registrar with an affidavit   describing the applicant's status under this subdivision,   including an affidavit under Section 15.0215 if the applicant is a   federal judge or state judge or the spouse of a federal judge or   state judge; or                      (C)  provided the registrar with a completed form   approved by the secretary of state for the purpose of notifying the   registrar of the applicant's status under this subdivision;                (6)  the residence address of the applicant, if the   applicant, the applicant's child, or another person in the   applicant's household is a victim of family violence as defined by   Section 71.004, Family Code, who provided the registrar with:                      (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 applicant, the applicant's child, or   another person in the applicant's household is a victim of family   violence;                (7)  the residence address of the applicant, if the   applicant, the applicant's child, or another person in the   applicant's household is a victim of sexual assault or abuse,   stalking, or trafficking of persons who provided the registrar   with:                      (A)  a copy of a protective order issued under   Chapter 7A or Article 6.09, 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 applicant, the applicant's child, or   another person in the applicant's household is a victim of sexual   assault or abuse, stalking, or trafficking of persons; or                (8)  the residence address of the applicant, if the   applicant:                      (A)  is a participant in the address   confidentiality program administered by the attorney general under   Subchapter C, Chapter 56, Code of Criminal Procedure; and                      (B)  provided the registrar with proof of   certification under Article 56.84, Code of Criminal Procedure.          SECTION 7.  Section 25.025(a), Tax Code, is amended to read   as follows:          (a)  This section applies only to:                (1)  a current or former peace officer as defined by   Article 2.12, Code of Criminal Procedure;                (2)  a county jailer as defined by Section 1701.001,   Occupations Code;                (3)  an employee of the Texas Department of Criminal   Justice;                (4)  a commissioned security officer as defined by   Section 1702.002, Occupations Code;                (5)  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 [if as a result of the act of family violence against the   victim, the actor is convicted of a felony or a Class A   misdemeanor];                (6)  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   Chapter 7A or Article 6.09, 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;                (7)  a participant in the address confidentiality   program administered by the attorney general under Subchapter C,   Chapter 56, Code of Criminal Procedure, who provides proof of   certification under Article 56.84, Code of Criminal Procedure;                (8)  a federal judge, a state judge, or the spouse of a   federal judge or state judge;                (9) [(7)]  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;                (10) [(8)]  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;                (11) [(9)]  a criminal investigator of the United   States as described by Article 2.122(a), Code of Criminal   Procedure;                (12) [(10)]  a police officer or inspector of the   United States Federal Protective Service;                (13) [(11)]  a current or former United States attorney   or assistant United States attorney and the spouse and child of the   attorney;                (14) [(12)]  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;                (15) [(13)]  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;                (16) [(14)]  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;                (17) [(15)]  a current or former employee of the Texas   Juvenile Justice Department or of the predecessors in function of   the department;                (18) [(16)]  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; and                (19) [(17)]  a current or former employee of a juvenile   justice program or facility, as those terms are defined by Section   261.405, Family Code.          SECTION 8.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.