S.B. No. 148

relating to the exception from required public disclosure of a photograph of a peace officer. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 552.119, Government Code, is amended to read as follows: Sec. 552.119. EXCEPTION: PHOTOGRAPH OF PEACE OFFICER [OR CERTAIN SECURITY GUARDS]. (a) A photograph that depicts a peace officer as defined by Article 2.12, Code of Criminal Procedure, [or a security officer commissioned under Section 51.212, Education Code,] the release of which would endanger the life or physical safety of the officer, is excepted from the requirements of Section 552.021 unless: (1) the officer is under indictment or charged with an offense by information; (2) the officer is a party in a [fire or police] civil service hearing or a case in arbitration; or (3) the photograph is introduced as evidence in a judicial proceeding. (b) A photograph excepted [exempt] from disclosure under Subsection (a) may be made public only if the peace officer [or security officer] gives written consent to the disclosure. SECTION 2. 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, 2005.
______________________________ ______________________________ President of the Senate Speaker of the House
I hereby certify that S.B. No. 148 passed the Senate on March 31, 2005, by the following vote: Yeas 30, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 148 passed the House on April 21, 2005, by the following vote: Yeas 138, Nays 0, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor