Tex.
Gov't Code Section 552.1175
Exception: Confidentiality of Certain Personal Identifying Information of Peace Officers and Other Officials Performing Sensitive Governmental Functions
(a)
This section applies only to:(1)
current or honorably retired peace officers as defined by Article 2.12 (Who Are Peace Officers), Code of Criminal Procedure, or special investigators as described by Article 2.122 (Special Investigators), Code of Criminal Procedure;(2)
current or honorably retired county jailers as defined by Section 1701.001 (Definitions), 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 (Definitions), 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 (Community Supervision and Corrections Departments) who perform a duty described by Section 76.004 (Department Director; Fiscal Officer)(b);(7)
criminal investigators of the United States as described by Article 2.122 (Special Investigators)(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 (Title Iv-d Services), 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 (Investigations in Juvenile Justice Programs and Facilities), 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 (Definitions), 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 (Definitions);(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 (Definitions), 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.(b)
Information that relates to the home address, home telephone number, emergency contact information, date of birth, 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 (Confidentiality of Certain Home Address Information), 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 (Availability of Public Information) 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.(1)
current or honorably retired peace officers as defined by Article 2A.001 (Peace Officers Generally), Code of Criminal Procedure, or special investigators as described by Article 2A.002 (Special Investigators), Code of Criminal Procedure;(2)
current or honorably retired county jailers as defined by Section 1701.001 (Definitions), 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 (Definitions), 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 (Community Supervision and Corrections Departments) who perform a duty described by Section 76.004 (Department Director; Fiscal Officer)(b);(7)
criminal investigators of the United States as described by Article 2A.002 (Special Investigators)(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 (Title Iv-d Services), 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 (Investigations in Juvenile Justice Programs and Facilities), 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 (Definitions), 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 (Definitions);(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 (Definitions), 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.(b)
Information that relates to the home address, home telephone number, emergency contact information, date of birth, 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 (Confidentiality of Certain Home Address Information), 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 (Availability of Public Information) 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.
Source:
Section 552.1175 — Exception: Confidentiality of Certain Personal Identifying Information of Peace Officers and Other Officials Performing Sensitive Governmental Functions, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm#552.1175 (accessed Apr. 13, 2024).
