H.B. No. 2446
AN ACT
relating to the availability of certain information regarding
firefighters, volunteer firefighters, emergency medical services
personnel, and fire safety inspectors and the certification and
training for fire safety inspectors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.1235(a), Government Code, is amended
to read as follows:
(a) A volunteer fire department or a fire department
operated by an emergency services district is entitled to obtain
from the department criminal history record information maintained
by the department that relates to a person who:
(1) is required to be certified by the Texas
Commission on Fire Protection and:
(A) [(1)] is an applicant for a beginning
position with the fire department; or
(B) [(2)] currently holds a position with that
fire department; or
(2) holds a position with the fire department and
seeks to conduct fire safety inspections without becoming certified
as a fire inspector by the Texas Commission on Fire Protection.
SECTION 2. Section 411.129(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), a municipality is
entitled to obtain from the department criminal history record
information maintained by the department that relates to a person
who:
(1) is:
(A) [(1)] an applicant for employment by the
municipality;
(B) [(2)] an employee of the municipality;
(C) [(3)] an applicant for employment by or an
employee of a business or person that contracts with the
municipality;
(D) [(4)] a volunteer with the municipality; or
(E) [(5)] an applicant for a volunteer position
with the municipality; or
(2) seeks the municipality’s authorization to conduct
fire safety inspections without becoming certified as a fire
inspector by the Texas Commission on Fire Protection.
SECTION 3. Section 419.909, Government Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) Except as provided by Subsection (a-1), only [Only] an
individual certified by the commission as a fire inspector may
conduct a fire safety inspection required by a state or local law,
rule, regulation, or ordinance. The following entities may provide
training related to fire safety inspections:
(1) the commission or a training facility certified by
the commission;
(2) the State Firefighters’ and Fire Marshals’
Association of Texas or a training facility approved by that
association;
(3) any state agency with authority over fire safety
inspections; or
(4) any local agency authorized to provide the
training by a state agency described by Subdivision (3).
(a-1) Subject to Subsection (a-2), for purposes of
conducting a fire safety inspection under Subsection (a), an
individual is not required to be certified by the commission if:
(1) the individual:
(A) has completed a course of training on fire
safety inspections offered by an entity described by Subsection (a)
that complies with NFPA Standard 1031: Fire Inspector I, 2014
Edition, “Standard for Professional Qualifications for Fire
Inspector and Plan Examiner,” as published by the National Fire
Protection Association;
(B) is:
(i) a member of a volunteer fire
department; or
(ii) authorized to conduct fire safety
inspections by a municipality in which an emergency services
district is located if the municipality has adopted a fire safety
code; and
(C) has not been convicted of an offense that
involves family violence, as defined by Section 71.004, Family
Code, or a felony; and
(2) the inspection is conducted in:
(A) a county with a population of less than
100,000; or
(B) a political subdivision of this state that
employs fewer than five firefighters regulated by the commission.
(a-2) A volunteer fire department or a municipality
described by Subsection (a-1)(1)(B)(ii) may obtain an individual’s
criminal history record information for use in conducting a
criminal history background check before authorizing the
individual to conduct fire safety inspections.
SECTION 4. Section 552.117(a), Government Code, as amended
by Chapters 34 (S.B. 1576), 190 (S.B. 42), and 1006 (H.B. 1278),
Acts of the 85th Legislature, Regular Session, 2017, 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 Texas military
forces, as that term is defined by Section 437.001; [or]
(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; [or]
(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) [(12)] 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) [(12)] a current or former federal judge or state
judge, as those terms are defined by Section 13.0021(a), Election
Code, or a spouse of a current or former federal judge or state
judge; or
(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 [(13) a
current or former district attorney, criminal district attorney, or
county attorney whose jurisdiction includes any criminal law or
child protective services matter].
SECTION 5. The heading to Section 552.1175, Government
Code, is amended to read as follows:
Sec. 552.1175. EXCEPTION: CONFIDENTIALITY OF CERTAIN
PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER
OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS [, COUNTY
JAILERS, SECURITY OFFICERS, EMPLOYEES OF CERTAIN STATE AGENCIES OR
CERTAIN CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND
FEDERAL AND STATE JUDGES].
SECTION 6. Section 552.1175(a), 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) 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 2.122(a), Code of Criminal Procedure;
(8) 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;
(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 13.0021, Election Code; [and]
(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; and
(15) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code.
SECTION 7. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.159 to read as follows:
Sec. 552.159. EXCEPTION: CONFIDENTIALITY OF CERTAIN WORK
SCHEDULES. A work schedule or a time sheet of a firefighter or
volunteer firefighter or emergency medical services personnel as
defined by Section 773.003, Health and Safety Code, is confidential
and excepted from the requirements of Section 552.021.
SECTION 8. Section 25.025(a), Tax Code, as amended by
Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B.
1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular
Session, 2017, 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) [(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;
(8) [(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;
(9) [(8)] a federal judge, a state judge, or the
spouse of a federal judge or 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) [(9)] 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) [(10)] 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) [(11)] a criminal investigator of the United
States as described by Article 2.122(a), Code of Criminal
Procedure;
(14) [(12)] a police officer or inspector of the
United States Federal Protective Service;
(15) [(13)] a current or former United States attorney
or assistant United States attorney and the spouse and child of the
attorney;
(16) [(14)] 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) [(15)] 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) [(16)] 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) [(17)] a current or former employee of the Texas
Juvenile Justice Department or of the predecessors in function of
the department;
(20) [(18)] 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) [(19)] a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code; [and]
(22) [(18)] 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;
(23) [(18)] a current or former employee of a federal
judge or state judge; and
(24) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code.
SECTION 9. 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. 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 10. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 11. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2446 was passed by the House on May 3,
2019, by the following vote: Yeas 140, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2446 on May 24, 2019, by the following vote: Yeas 139, Nays 2,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2446 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor