H.B. No. 41
 
 
 
 
  relating to the confidentiality of home address information of
  certain public officials and their spouses and to the immunity from
  liability of certain agencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 13, Election Code, is
  amended by adding Section 13.0021 to read as follows:
         Sec. 13.0021.  ADDITIONAL REGISTRATION INFORMATION FROM
  CERTAIN FEDERAL AND STATE JUDGES.  (a) In this section:
               (1)  "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.
               (2)  "State judge" means:
                     (A)  a judge, former judge, or retired judge of an
  appellate court, a district court, or a county court at law of this
  state; or
                     (B)  an associate judge appointed under Chapter
  201, Family Code, or a retired associate judge or former associate
  judge appointed under that chapter.
         (b)  If the registration applicant is a federal judge or
  state judge who seeks to have the applicant's residence address
  omitted from the registration list, the applicant shall include
  with the application an affidavit stating that the applicant is a
  federal judge or state judge.
         SECTION 2.  Section 13.004, Election Code, is amended by
  amending Subsections (c) and (d) and adding Subsection (c-1) 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 [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) [, or]  an indication that an applicant is
  interested in working as an election judge; or
               (5)  the residence address of the applicant, if the
  applicant is a federal judge or state judge, as defined by Section
  13.0021, and included an affidavit with the registration
  application under Section 13.0021 or the registrar has received an
  affidavit submitted under Section 15.0215 [furnished on a
  registration application is confidential and does not constitute
  public information for purposes of Chapter 552, Government Code].
         (c-1)  The registrar shall ensure that the information
  listed in Subsection (c) [a social security number, Texas driver's
  license number, number of a personal identification card issued by
  the Department of Public Safety, or an indication that an applicant
  is interested in working as an election judge] is excluded from
  disclosure.
         (d)  The voter registrar or other county official who has
  access to the information furnished on a registration application
  may not post the following information on a website:
               (1)  a telephone number;
               (2)  a social security number;
               (3)  a driver's license number or a number of a personal
  identification card; [or]
               (4)  a date of birth; or
               (5)  the residence address of a voter who is a federal
  judge or state judge, as defined by Section 13.0021, if the voter
  included an affidavit with the application under Section 13.0021 or
  the registrar has received an affidavit submitted under Section
  15.0215.
         SECTION 3.  Subchapter B, Chapter 15, Election Code, is
  amended by adding Section 15.0215 to read as follows:
         Sec. 15.0215.  NOTICE OF FEDERAL JUDGE OR STATE JUDGE
  STATUS. (a) In this section, "federal judge" and "state judge" 
  have the meanings assigned by Section 13.0021.
         (b)  A federal judge or state judge who is registered to vote
  may at any time submit to the registrar of the county in which the
  judge resides an affidavit stating that the voter is a federal judge
  or state judge.
         SECTION 4.  Section 15.081, Election Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  Notwithstanding Subsection (b), the suspense list may
  not contain the residence address of a voter who is a federal judge
  or state judge if the voter included an affidavit with the voter's
  registration application under Section 13.0021 or the registrar
  received an affidavit submitted under Section 15.0215 before the
  list was prepared. In this subsection, "federal judge" and "state
  judge" have the meanings assigned by Section 13.0021.
         SECTION 5.  Section 18.005, Election Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Each original and supplemental list of registered
  voters must:
               (1)  contain the voter's name, [residence address,]
  date of birth, and registration number as provided by the statewide
  computerized voter registration list;
               (2)  contain the voter's residence address, except as
  provided by Subsections (b) and (c);
               (3)  be arranged alphabetically by voter name; and
               (4) [(3)]  contain the notation required by Section
  15.111[; and
               [(4)     until Section 13.122(d) expires, identify each
  voter registered by mail for the first time who failed to provide a
  copy of a document described by Section 63.0101 establishing the
  voter's identity at the time of registration].
         (c)  The original or supplemental list of registered voters
  may not contain the residence address of a voter who is a federal
  judge or state judge if the voter included an affidavit with the
  voter's registration application under Section 13.0021 or the
  registrar received an affidavit submitted under Section 15.0215
  before the list was prepared. In this subsection, "federal judge"
  and "state judge" have the meanings assigned by Section 13.0021.
         SECTION 6.  Section 18.066(b), Election Code, is amended to
  read as follows:
         (b)  Information furnished under this section may not
  include:
               (1)  a voter's social security number; or
               (2)  the residence address of a voter who is a federal
  judge or state judge, as defined by Section 13.0021, if the voter
  included an affidavit with the voter's registration application
  under Section 13.0021 or the applicable registrar has received an
  affidavit submitted under Section 15.0215.
         SECTION 7.  Section 63.0011(a), Election Code, is amended to
  read as follows:
         (a)  Before a voter may be accepted for voting, an election
  officer shall ask the voter if the voter's residence address on the
  precinct list of registered voters is current and whether the voter
  has changed residence within the county. If the voter's address is
  omitted from the precinct list under Section 18.005(c), the officer
  shall ask the voter if the voter's residence as listed on the
  voter's voter registration certificate is current and whether the
  voter has changed residence within the county.
  SECTION 8.  Section 411.171, Government Code, is amended by
  adding Subdivisions (4-a) and (4-b) to read as follows:
               (4-a)  "Federal judge" means:
                     (A)  a judge of a United States court of appeals;
                     (B)  a judge of a United States district court;
                     (C)  a judge of a United States bankruptcy court;
  or
                     (D)  a magistrate judge of a United States
  district court.
               (4-b)  "State judge" means:
                     (A)  the judge of an appellate court, a district
  court, or a county court at law of this state; or
                     (B)  an associate judge appointed under Chapter
  201, Family Code.
         SECTION 9.  Section 411.179, Government Code, is amended by
  amending Subsection (a) and adding Subsection (c) 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 statement of the category or categories of
  handguns the license holder may carry as provided by Subsection
  (b);
               (4)  a color photograph of the license holder; [and]
               (5)  the license holder's full name, date of birth,
  [residence address,] hair and eye color, height, weight, and
  signature;
               (6)  the license holder's residence address or, as
  provided by Subsection (c), the street address of the courthouse in
  which the license holder or license holder's spouse serves as a
  federal judge or the license holder serves as a state judge;[,] and
               (7)  the number of a driver's license or an
  identification certificate issued to the license holder by the
  department.
         (c)  In adopting the form of the license under Subsection
  (a), the department shall establish a procedure for the license of a
  federal judge, a state judge, or the spouse of a federal judge or
  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
  serves as a federal judge or state judge.  In establishing the
  procedure, the department shall require sufficient documentary
  evidence to establish the license holder's status as a federal
  judge, a state judge, or the spouse of a federal judge or state
  judge.
         SECTION 10.  Sections 411.181(a) and (b), Government Code,
  are amended to read as follows:
         (a)  If a person who is a current license holder moves to a
  new residence [from the] address, [stated on the license or] if the
  name of the person is changed by marriage or otherwise, or if the
  person's status as a federal judge, a state judge, or the spouse of
  a federal judge or state judge, becomes inapplicable, the person
  shall, not later than the 30th day after the date of the address,
  [or] name, or status change, notify the department and provide the
  department with the number of the person's license and, as
  applicable, the person's:
               (1)  former and new addresses; or
               (2)  former and new names.
         (b)  If the name of the license holder is changed by marriage
  or otherwise, or if the person's status as a federal judge or state
  judge, or the spouse of a federal judge or state judge becomes
  inapplicable, the person shall apply for a duplicate license. The
  duplicate license must include the person's current residence
  address.
         SECTION 11.  Section 25.025, Tax Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  This section applies only to:
               (1)  a 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; [and]
               (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.
         (a-1)  In this section:
               (1)  "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.
               (2)  "State judge" means:
                     (A)  a judge, former judge, or retired judge of an
  appellate court, a district court, or a county court at law of this
  state; or
                     (B)  an associate judge appointed under Chapter
  201, Family Code, or a retired associate judge or former associate
  judge appointed under that chapter.
         SECTION 12.  Subchapter D, Chapter 161, Human Resources
  Code, is amended by adding Section 161.075 to read as follows:
         Sec. 161.075.  IMMUNITY FOR AREA AGENCIES ON AGING AND
  AGENCY EMPLOYEES AND VOLUNTEERS. (a) In this section:
               (1)  "Area agency on aging" means an agency described
  by 42 U.S.C. Section 3002(17) and through which the department
  ensures the implementation of services and volunteer opportunities
  for older persons in this state as provided by Section
  161.071(5)(A).
               (2)  "Texas nonprofit organization" means a nonprofit
  corporation:
                     (A)  that is organized under the Texas Non-Profit
  Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
  Statutes); and
                     (B)  the funding of which is managed by an
  organization that is exempt from federal income tax under Section
  501(a) of the Internal Revenue Code of 1986 by being listed as an
  exempt organization in Section 501(c)(3) of that code.
               (3)  "Volunteer" means a person who:
                     (A)  renders services for or on behalf of an area
  agency on aging under the supervision of an area agency on aging
  employee; and
                     (B)  does not receive compensation that exceeds
  the authorized expenses the person incurs in performing those
  services.
         (b)  An area agency on aging that conducts an election on
  behalf of a Texas nonprofit organization is not civilly or
  criminally liable for any act or omission, including an act or
  omission relating to verifying the qualifications of candidates and
  determining and reporting election results, that relates to a duty
  or responsibility with respect to conducting the election if the
  agency acted in good faith and within the scope of the agency's
  authority.
         (c)  An area agency on aging employee or volunteer who
  performs an act related to the conduct of an election described by
  Subsection (b) is not civilly or criminally liable for the act or
  any omission that relates to a duty or responsibility with respect
  to conducting the election if the person acted in good faith and
  within the scope of the person's authority.
         SECTION 13.  The change in law made by this Act with respect
  to the civil liability of an area agency on aging or an employee or
  volunteer of the agency applies only to a cause of action that
  accrues on or after the effective date of this Act. A cause of
  action that accrued before the effective date of this Act is
  governed by the law as it existed immediately before the effective
  date of this Act, and that law is continued in effect for that
  purpose.
         SECTION 14.  The change in law made by this Act with respect
  to the criminal liability of an area agency on aging or an employee
  or volunteer of the agency applies only to an offense committed on
  or after the effective date of this Act. For purposes of this
  section, an offense is committed before the effective date of this
  Act if any element of the offense occurs before that date. An
  offense committed before the effective date of this Act is covered
  by the law in effect when the offense was committed, and the former
  law is continued in effect for that purpose.
         SECTION 15.  Section 161.075, Human Resources Code, as added
  by this Act, is an exercise of authority under Section 66(c),
  Article III, Texas Constitution, and takes effect only if this Act
  receives a vote of three-fifths of all the members elected to each
  house, as provided by Subsection (e) of that section.
         SECTION 16.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 41 was passed by the House on April
  13, 2007, by the following vote:  Yeas 143, Nays 1, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 41 on May 21, 2007, by the following vote:  Yeas 143, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 41 was passed by the Senate, with
  amendments, on May 17, 2007, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor