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S.B. No. 390

S.B. No. 390

AN ACT

relating to confidentiality of certain information under the public
information law and in local tax appraisal records regarding
federal law enforcement officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (c), Article 2.122, Code of
Criminal Procedure, are amended to read as follows:
(a) The following named criminal investigators of the
United States shall not be deemed peace officers, but shall have the
powers of arrest, search and seizure as to felony offenses only
under the laws of the State of Texas:
(1) Special Agents of the Federal Bureau of
Investigation;
(2) Special Agents of the Secret Service;
(3) Special Agents of the United States Immigration
andCustoms Enforcement [Service];
(4) Special Agents of Alcohol, Tobacco and Firearms;
(5) Special Agents of Federal Drug Enforcement Agency;
(6) Inspectors of the United States Postal Service;
(7) Special Agents of the Criminal Investigation
Division and Inspectors of the Internal Security Division of the
Internal Revenue Service;
(8) Civilian Special Agents of the United States Naval
Investigative Service;
(9) Marshals and Deputy Marshals of the United States
Marshals Service;
(10) Special Agents of the United States Citizenship
and Immigration Services [Immigration and Naturalization Service];
and
(11) Special Agents of the United States Department of
State, Bureau of Diplomatic Security.
(c) A Customs and Border Protection Officer of the United
States Customs and Border Protection [customs inspector of the
United States Customs Service] or a Border Patrol agent,
immigration enforcement agent, or deportation [border patrolman or
immigration] officer of the Department of Homeland Security [United
States Department of Justice] is not a peace officer under the laws
of this state but, on the premises of a port facility designated by
the commissioner of the United States Customs and Border Protection
[Immigration and Naturalization Service] as a port of entry for
arrival in the United States by land transportation from the United
Mexican States into the State of Texas or at a permanent established
border patrol traffic check point, has the authority to detain a
person pending transfer without unnecessary delay to a peace
officer if the agent [inspector, patrolman,] or officer has
probable cause to believe that the person has engaged in conduct
that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal
Code, regardless of whether the violation may be disposed of in a
criminal proceeding or a juvenile justice proceeding.
SECTION 2. Subsection (a), Section 552.1175, Government
Code, is amended to read as follows:
(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; [and]
(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; and
(8) police officers and inspectors of the United
States Federal Protective Service.
SECTION 3. Subsection (a), Section 25.025, Tax Code, as
amended by Chapters 594 (H.B. 41), 621 (H.B. 455), and 851 (H.B.
1141), Acts of the 80th Legislature, Regular Session, 2007, 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;
(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) a victim of family violence as defined by Section
71.004, Family Code, 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; [and]
(6) a federal judge or state judge;
(7) [(6)] 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;
(8) [(6)] 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;
(9) a criminal investigator of the United States as
described by Article 2.122(a), Code of Criminal Procedure; and
(10) a police officer or inspector of the United
States Federal Protective Service.
SECTION 4. The changes in law made by this Act to Section
552.1175, Government Code, and Section 25.025, Tax Code, apply only
to a request for information that is received by a governmental body
or an officer for public information on or after the effective date
of this Act. A request for information that was received before the
effective date of this Act is governed by the law in effect on the
date the request was received, and the former law is continued in
effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.

______________________________ ______________________________
President of the Senate Speaker of the House

I hereby certify that S.B. No. 390 passed the Senate on
April 17, 2009, by the following vote: Yeas 28, Nays 0.

______________________________
Secretary of the Senate

I hereby certify that S.B. No. 390 passed the House on
May 27, 2009, by the following vote: Yeas 148, Nays 0, one
present not voting.

______________________________
Chief Clerk of the House

Approved:

______________________________
Date

______________________________
Governor

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