87R8398 CAE-D     By: Hefner H.B. No. 4347       A BILL TO BE ENTITLED   AN ACT   relating to address confidentiality on certain documents for   certain federal officials and family members of certain federal   officials or federal or state court judges.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 13.0021, Election Code, is amended to   read as follows:          Sec. 13.0021.  ADDITIONAL REGISTRATION INFORMATION FROM   CERTAIN FEDERAL AND STATE JUDGES, FEDERAL OFFICIALS, AND FAMILY   MEMBERS. (a) In this section, "family member" has the meaning   assigned by Section 31.006, Finance Code.          (b)  If the registration applicant is a federal judge,   including a federal bankruptcy judge, a state judge, a marshal of   the United States Marshals Service, a United States attorney, or a   family member [the spouse] of a state judge, [or] a federal judge,   including a federal bankruptcy judge, a marshal of the United   States Marshals Service, or a United States attorney, the registrar   of the county shall omit the applicant's residence address from the   registration list.          SECTION 2.  Section 13.004(c), Election Code, as amended by   Chapters 469 (H.B. 4173), 489 (H.B. 3100), and 1146 (H.B. 2910),   Acts of the 86th Legislature, Regular Session, 2019, is reenacted   and 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;                (5)  the residence address of the applicant, if the   applicant is a federal judge, including a federal bankruptcy judge,   a marshal of the United States Marshals Service, a United States   attorney, or a state judge, a family member [the spouse] of a   federal judge, including a federal bankruptcy judge, a marshal of   the United States Marshals Service, a United States attorney, or a   state judge, the spouse of a peace officer as defined by Article   2.12, Code of Criminal Procedure, or an individual to whom Section   552.1175, Government Code, or Section 521.1211, Transportation   Code, applies and the applicant:                      (A)  included an affidavit with the registration   application describing the applicant's status under this   subdivision, if the applicant is a federal judge, including a   federal bankruptcy judge, a marshal of the United States Marshals   Service, a United States attorney, or a state judge or a family   member [the spouse] of a federal judge, including a federal   bankruptcy judge, a marshal of the United States Marshals Service,   a United States attorney, or a state judge;                      (B)  provided the registrar with an affidavit   describing the applicant's status under this subdivision, if the   applicant is a federal judge, including a federal bankruptcy judge,   a marshal of the United States Marshals Service, a United States   attorney, or a state judge or a family member [the spouse] of a   federal judge, including a federal bankruptcy judge, a marshal of   the United States Marshals Service, a United States attorney, or a   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   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 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;                (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 B, Chapter 58, Code of Criminal Procedure; and                      (B)  provided the registrar with proof of   certification under Article 58.059, Code of Criminal Procedure; or                (9)  the telephone number of any applicant submitting   documentation under Subdivision (5), (6), (7), or (8).          SECTION 3.  Section 13.004, Election Code, is amended by   adding Subsection (f) to read as follows:          (f)  In this section, "family member" has the meaning   assigned by Section 31.006, Finance Code.          SECTION 4.  The heading to Section 15.0215, Election Code,   is amended to read as follows:          Sec. 15.0215.  OMISSION OF ADDRESS FOR FEDERAL [JUDGE] OR   STATE JUDGE, FEDERAL OFFICIAL, AND FAMILY MEMBER [SPOUSE].          SECTION 5.  Section 15.0215, Election Code, is amended by   adding Subsection (a) and amending Subsection (b) to read as   follows:          (a)  In this section, "family member" has the meaning   assigned by Section 31.006, Finance Code.          (b)  On receiving notice from the Office of Court   Administration of the Texas Judicial System of the person's   qualification for office as a federal judge, including a federal   bankruptcy judge, a marshal of the United States Marshals Service,   a United States attorney, or a state judge and of the names [name]   of the judge's or federal official's family members [spouse], if   applicable, the registrar of the county in which the judge resides   shall:                (1)  omit from the registration list the residence   address of the judge or official and any family members [the spouse]   of the judge or official; and                (2)  prepare a memorandum of the notice, indicating the   substance and date of the notification, and retain the memorandum   on file with the application.          SECTION 6.  Section 254.0313, Election Code, is amended to   read as follows:          Sec. 254.0313.  OMISSION OF ADDRESS FOR JUDGE AND FAMILY   MEMBER [SPOUSE]. (a) In this section, "family member" has the   meaning assigned by Section 31.006, Finance Code ["federal judge"   and "state judge" have the meanings assigned by Section 13.0021].          (b)  On receiving notice from the Office of Court   Administration of the Texas Judicial System of a judge's   qualification for office or on receipt of a written request from a   federal judge, including a federal bankruptcy judge, a state judge,   or a family member [spouse] of a federal judge, including a federal   bankruptcy judge, or a state judge, the commission shall remove or   redact the residence address of a federal judge, including a   federal bankruptcy judge, a state judge, or the family member   [spouse] of a federal judge, including a federal bankruptcy judge,   or a state judge from any report filed by the judge in the judge's   capacity or made available on the Internet under this chapter.          SECTION 7.  Section 411.179, Government Code, is amended by   amending Subsections (a) and (d) and adding Subsection (f) to read   as follows:          (a)  The department by rule shall adopt the form of the   license. A license must include:                (1)  a number assigned to the license holder by the   department;                (2)  a statement of the period for which the license is   effective;                (3)  a photograph of the license holder;                (4)  the license holder's full name, date of birth, hair   and eye color, height, weight, and signature;                (5)  the license holder's residence address or, as   provided by Subsection (d), the street address of the courthouse in   which the license holder or license holder's spouse or parent   serves as a federal judge or the license holder serves as a state   judge;                (6)  the number of a driver's license or an   identification certificate issued to the license holder by the   department; and                (7)  the designation "VETERAN" if required under   Subsection (e).          (d)  In adopting the form of the license under Subsection   (a), the department shall establish a procedure for the license of a   federal judge, including a federal bankruptcy judge, a marshal of   the United States Marshals Service, a United States attorney, a   state judge, or a family member [the spouse] of a federal judge,   including a federal bankruptcy judge, a marshal of the United   States Marshals Service, a United States attorney, or a state judge   to omit the license holder's residence address and to include, in   lieu of that address, the street address of the courthouse in which   the license holder or license holder's spouse or parent serves as a   federal judge, including a federal bankruptcy judge, a marshal of   the United States Marshals Service, a United States attorney, or a   state judge. In establishing the procedure, the department shall   require sufficient documentary evidence to establish the license   holder's status as a federal judge, including a federal bankruptcy   judge, a marshal of the United States Marshals Service, a United   States attorney, or a state judge, or a family member [the spouse]   of a federal judge, including a federal bankruptcy judge, a marshal   of the United States Marshals Service, a United States attorney, or   a state judge.          (f)  In this section, "family member" has the meaning   assigned by Section 31.006, Finance Code.          SECTION 8.  Section 552.117(a), Government Code, as   reenacted and amended by Chapters 367 (H.B. 1351), 633 (S.B. 1494),   1146 (H.B. 2910), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the   86th Legislature, Regular Session, 2019, is reenacted and 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 peace officer as defined by Article 2.12, Code of   Criminal Procedure, or a 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 2.12, 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, 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; [or]                (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 [spouse] 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; [or]                (17) [(16)]  a state officer elected statewide or a   member of the legislature, regardless of whether the officer or   member complies with Section 552.024 or 552.1175;                (18) [(16)]  a current or former United States attorney   or assistant United States attorney and the spouse or child of the   attorney; or                (19) [(16)]  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.          SECTION 9.  Section 552.117, Government Code, is amended by   adding Subsection (c) to read as follows:          (c)  In this section, "family member" has the meaning   assigned by Section 31.006, Finance Code.          SECTION 10.  Section 572.035, Government Code, is amended   to read as follows:          Sec. 572.035.  REMOVAL OF PERSONAL INFORMATION FOR FEDERAL   JUDGES, STATE JUDGES, AND FAMILY MEMBERS [SPOUSES]. (a) On   receiving notice from the Office of Court Administration of the   Texas Judicial System of the judge's qualification for the judge's   office, the commission shall remove or redact from any financial   statement, or information derived from a financial statement, that   is available to the public the residence address of a federal judge,   including a federal bankruptcy judge, a state judge, or a family   member [the spouse] of a federal judge, including a federal   bankruptcy judge, or a state judge.          (b)  In this section, "family member" has the meaning   assigned by Section 31.006, Finance Code.          SECTION 11.  Section 145.007, Local Government Code, is   amended by amending Subsection (d) and adding Subsection (e) to   read as follows:          (d)  On the written request of a municipal court judge of the   municipality or a candidate for municipal court judge, the clerk or   secretary of the municipality shall remove or redact the residence   address of the municipal court judge, municipal court judge's   family member [spouse], or candidate for the office of municipal   court judge, from a financial statement filed under this chapter   before the financial statement is made available to a member of the   public.          (e)  In this section, "family member" has the meaning   assigned by Section 31.006, Finance Code.          SECTION 12.  Section 159.071, Local Government Code, is   amended to read as follows:          Sec. 159.071.  OMISSION OF ADDRESS. (a) In this section:                (1)  "County attorney" means a county attorney whose   jurisdiction includes any criminal law or child protective services   matter.                (2)  "Family member" has the meaning assigned by   Section 31.006, Finance Code.                (3)  "State judge" has the meaning assigned by Section   1.005 [13.0021], Election Code.          (b)  On receiving notice from the Office of Court   Administration of the Texas Judicial System of a county attorney's   or state judge's qualifications for office or on receipt of a   written request from a county attorney, state judge, spouse of a   county attorney, family member of a [or] state judge, or candidate   for the office of county attorney or state judge, the county clerk   shall remove or redact the residence address of the county   attorney, state judge, spouse of a county attorney, family member   of a [or] state judge, or candidate for the office of county   attorney or state judge from any report filed under this chapter by   the county attorney, state judge, or candidate before the statement   is made available to a member of the public.          SECTION 13.  Section 11.008(j), Property Code, is amended to   read as follows:          (j)  On receipt of a written request from a federal judge,   including a federal bankruptcy judge, a marshal of the United   States Marshals Service, a United States attorney, a state judge as   defined by Section 572.002, Government Code, or a family member as   defined by Section 31.006, Finance Code, [spouse] of a federal   judge, marshal, attorney, or state judge, the county clerk shall   omit or redact from an instrument described by this section that is   available in an online database made public by the county clerk, or   by a provider with which the county commissioners court contracts   to provide the online database, social security number, driver's   license number, and residence address of the federal judge,   marshal, attorney, state judge, or family member [spouse] of the   federal judge, marshal, attorney, or state judge.          SECTION 14.  Section 25.025(a), Tax Code, as reenacted and   amended by Chapters 467 (H.B. 4170), 469 (H.B. 4173), 633 (S.B.   1494), 1213 (S.B. 662), and 1245 (H.B. 2446), Acts of the 86th   Legislature, Regular Session, 2019, 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 2.12, 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 2.12, Code of Criminal Procedure;                (3)  a 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 [the spouse] 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 2.122(a), Code of Criminal Procedure;                (14)  a police officer or inspector of the United   States Federal Protective Service;                (15)  a current or former United States attorney or   assistant United States attorney and the spouse and child of the   attorney;                (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;                (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; [and]                (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; [and]                (25) [(24)]  a state officer elected statewide or a   member of the legislature; and                (26) [(24)]  a firefighter or volunteer firefighter or   emergency medical services personnel as defined by Section 773.003,   Health and Safety Code.          SECTION 15.  Section 25.025(a-1), Tax Code, is amended to   read as follows:          (a-1)  In this section:                (1)  "Family member" has the meaning assigned by   Section 31.006, Finance Code.                (2)  "Federal judge" means:                      (A)  a judge, former judge, or retired judge of a   United States court of appeals;                      (B)  a judge, former judge, or retired judge of a   United States district court;                      (C)  a judge, former judge, or retired judge of a   United States bankruptcy court; or                      (D)  a magistrate judge, former magistrate judge,   or retired magistrate judge of a United States district court.                (3) [(2)]  "State judge" means:                      (A)  a judge, former judge, or retired judge of an   appellate court, a district court, a statutory probate court, a   constitutional county court, or a county court at law of this state;                      (B)  an associate judge appointed under Chapter   201, Family Code, or Chapter 54A, Government Code, or a retired   associate judge or former associate judge appointed under either   law;                      (C)  a justice of the peace;                      (D)  a master, magistrate, referee, hearing   officer, or associate judge appointed under Chapter 54, Government   Code; or                      (E)  a municipal court judge.          SECTION 16.  Section 521.054, Transportation Code, is   amended by amending Subsection (a) and adding Subsection (e) to   read as follows:          (a)  This section applies to a person who:                (1)  after applying for or being issued a license or   certificate moves to a new residence address;                (2)  has used the procedure under Section 521.121(c)   and whose status as a federal judge, including a federal bankruptcy   judge, a marshal of the United States Marshals Service, a United   States attorney, a state judge, or a family member [the spouse] of a   federal judge, including a federal bankruptcy judge, a marshal of   the United States Marshals Service, a United States attorney, or a    state judge becomes inapplicable; or                (3)  changes the person's name by marriage or   otherwise.          (e)  In this section, "family member" has the meaning   assigned by Section 31.006, Finance Code.          SECTION 17.  Section 521.121, Transportation Code, is   amended by amending Subsections (a) and (c) and adding Subsection   (f) to read as follows:          (a)  The driver's license must include:                (1)  a distinguishing number assigned by the department   to the license holder;                (2)  a photograph of the entire face of the holder;                (3)  the full name and date of birth of the holder;                (4)  a brief description of the holder; and                (5)  the license holder's residence address or, for a   license holder using the procedure under Subsection (c), the street   address of the courthouse in which the license holder or license   holder's spouse or parent serves as a federal judge, including a   federal bankruptcy judge, a marshal of the United States Marshals   Service, a United States attorney, or a state judge.          (c)  The department shall establish a procedure, on a license   holder's qualification for or appointment to office as a federal or   state judge as defined by Section 1.005 [13.0021], Election Code,   or as a federal bankruptcy judge, a marshal of the United States   Marshals Service, or a United States attorney, to omit the   residence address of the judge or official and any family member   [the spouse] of the judge or official on the license holder's   license and to include, in lieu of that address, the street address   of the courthouse or office building in which the license holder or   license holder's spouse or parent serves as a federal [judge] or   state judge or official.          (f)  In this section, "family member" has the meaning   assigned by Section 31.006, Finance Code.          SECTION 18.  Section 521.142, Transportation Code, is   amended by amending Subsection (c) and adding Subsection (j) to   read as follows:          (c)  The application must state:                (1)  the sex of the applicant;                (2)  the residence address of the applicant, or if the   applicant is a federal judge, including a federal bankruptcy judge,   a marshal of the United States Marshals Service, a United States   attorney, or a state judge, or a family member [the spouse] of a   federal judge, including a federal bankruptcy judge, a marshal of   the United States Marshals Service, a United States attorney, or a    state judge using the procedure developed under Section 521.121(c),   the street address of the courthouse or office building in which the   applicant or the applicant's spouse or parent serves as a federal   judge, including a federal bankruptcy judge, a marshal of the   United States Marshals Service, a United States attorney, or a   state judge;                (3)  whether the applicant has been licensed to drive a   motor vehicle before;                (4)  if previously licensed, when and by what state or   country;                (5)  whether that license has been suspended or revoked   or a license application denied;                (6)  the date and reason for the suspension,   revocation, or denial;                (7)  whether the applicant is a citizen of the United   States; and                (8)  the county of residence of the applicant.          (j)  In this section, "family member" has the meaning   assigned by Section 31.006, Finance Code.          SECTION 19.  This Act takes effect September 1, 2021.