S.B. No. 74
 
 
 
 
AN ACT
  relating to the confidentiality of certain information regarding
  victims of family violence, sexual assault, or stalking, including
  the creation of an address confidentiality program; providing a
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 56, Code of Criminal Procedure, is
  amended by adding Subchapter C to read as follows:
  SUBCHAPTER C. ADDRESS CONFIDENTIALITY PROGRAM FOR VICTIMS OF
  FAMILY VIOLENCE, SEXUAL ASSAULT, OR STALKING
         Art. 56.81.  DEFINITIONS. In this subchapter:
               (1)  "Applicant" means a person who applies to
  participate in the program.
               (2)  "Family violence" has the meaning assigned by
  Section 71.004, Family Code.
               (3)  "Family violence shelter center" has the meaning
  assigned by Section 51.002, Human Resources Code.
               (4)  "Mail" means first class mail and any mail sent by
  a government agency. The term does not include a package,
  regardless of size or type of mailing.
               (5)  "Participant" means an applicant who is certified
  for participation in the program.
               (6)  "Program" means the address confidentiality
  program created under this subchapter.
         Art. 56.82.  ADDRESS CONFIDENTIALITY PROGRAM. (a)  The
  attorney general shall establish an address confidentiality
  program, as provided by this subchapter, to assist a victim of
  family violence or an offense under Section 22.011, 22.021, 25.02,
  or 42.072, Penal Code, in maintaining a confidential address.
         (b)  The attorney general shall:
               (1)  designate a substitute post office box address
  that a participant may use in place of the participant's true
  residential, business, or school address;
               (2)  act as agent to receive service of process and mail
  on behalf of the participant; and
               (3)  forward to the participant mail received by the
  office of the attorney general on behalf of the participant.
         (c)  A summons, writ, notice, demand, or process may be
  served on the attorney general on behalf of the participant by
  delivery of two copies of the document to the office of the attorney
  general. The attorney general shall retain a copy of the summons,
  writ, notice, demand, or process and forward the original to the
  participant not later than the third day after the date of service
  on the attorney general.
         (d)  The attorney general shall make and retain a copy of the
  envelope in which certified mail is received on behalf of the
  participant.
         Art. 56.83.  ELIGIBILITY TO PARTICIPATE IN PROGRAM. (a)  To
  be eligible to participate in the program, an applicant must:
               (1)  meet with a victim's assistance counselor from a
  state or local agency or other entity, whether for-profit or
  nonprofit that is identified by the attorney general as an entity
  that provides counseling and shelter services to victims of family
  violence;
               (2)  file an application for participation with the
  attorney general or a state or local agency or other entity
  identified by the attorney general under Subdivision (1);
               (3)  designate the attorney general as agent to receive
  service of process and mail on behalf of the applicant; and
               (4)  live at a residential address, or relocate to a
  residential address, that is unknown to the person who committed or
  is alleged to have committed the family violence or an offense under
  Section 22.011, 22.021, 25.02, or 42.072, Penal Code.
         (b)  An application under Subsection (a)(2) must contain:
               (1)  a signed, sworn statement by the applicant stating
  that the applicant fears for the safety of the applicant, the
  applicant's child, or another person in the applicant's household
  because of a threat of immediate or future harm caused by the person
  who committed or is alleged to have committed the family violence or
  an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal
  Code;
               (2)  the applicant's true residential address and, if
  applicable, the applicant's business and school addresses; and
               (3)  a statement by the applicant of whether there is an
  existing court order or a pending court case for child support or
  child custody or visitation that involves the applicant and, if so,
  the name and address of:
                     (A)  the legal counsel of record; and
                     (B)  each parent involved in the court order or
  pending case.
         (c)  An application under Subsection (a)(2) must be
  completed by the applicant in person at the state or local agency or
  other entity with which the application is filed.  An applicant who
  knowingly or intentionally makes a false statement in an
  application under Subsection (a)(2) is subject to prosecution under
  Chapter 37, Penal Code.
         (d)  A state or local agency or other entity with which an
  application is filed under Subsection (a)(2) shall forward the
  application to the office of the attorney general.
         (e)  The attorney general by rule may establish additional
  eligibility requirements for participation in the program that are
  consistent with the purpose of the program as stated in Article
  56.82(a).  The attorney general may establish procedures for
  requiring an applicant, in appropriate circumstances, to submit
  with the application under Subsection (a)(2) independent
  documentary evidence of family violence or an offense under Section
  22.011, 22.021, 25.02, or 42.072, Penal Code, in the form of:
               (1)  an active or recently issued protective order;
               (2)  an incident report or other record maintained by a
  law enforcement agency or official;
               (3)  a statement of a physician or other health care
  provider regarding the applicant's medical condition as a result of
  the family violence or offense; or
               (4)  a statement of a mental health professional, a
  member of the clergy, an attorney or other legal advocate, a trained
  staff member of a family violence center, or another professional
  who has assisted the applicant in addressing the effects of the
  family violence or offense.
         (f)  Any assistance or counseling provided by the attorney
  general or an employee or agent of the attorney general to an
  applicant does not constitute legal advice.
         Art. 56.84.  CERTIFICATION; EXPIRATION. (a)  The attorney
  general shall certify for participation in the program an applicant
  who satisfies the eligibility requirements under Article 56.83.
         (b)  A certification under this article expires on the third
  anniversary of the date of certification.
         Art. 56.85.  RENEWAL. To renew a certification under
  Article 56.84, a participant must satisfy the eligibility
  requirements under Article 56.83 as if the participant were
  originally applying for participation in the program.
         Art. 56.86.  INELIGIBILITY AND CANCELLATION. (a)  An
  applicant is ineligible for, and a participant may be excluded
  from, participation in the program if the applicant or participant
  knowingly makes a false statement on an application filed under
  Article 56.83(a)(2).
         (b)  A participant may be excluded from participation in the
  program if:
               (1)  mail forwarded to the participant by the attorney
  general is returned undeliverable on at least four occasions;
               (2)  the participant changes the participant's true
  residential address as provided in the application filed under
  Article 56.83(a)(2) and does not notify the attorney general of the
  change at least 10 days before the date of the change; or
               (3)  the participant changes the participant's name.
         Art. 56.87.  WITHDRAWAL. A participant may withdraw from
  the program by notifying the attorney general in writing of the
  withdrawal.
         Art. 56.88.  CONFIDENTIALITY; DESTRUCTION OF INFORMATION.
  (a)  Information relating to a participant:
               (1)  is confidential, except as provided by Article
  56.90; and
               (2)  may not be disclosed under Chapter 552, Government
  Code.
         (b)  Except as provided by Article 56.82(d), the attorney
  general may not make a copy of any mail received by the office of the
  attorney general on behalf of the participant.
         (c)  The attorney general shall destroy all information
  relating to a participant on the third anniversary of the date
  participation in the program ends.
         Art. 56.89.  ACCEPTANCE OF SUBSTITUTE ADDRESS; EXEMPTIONS.
  (a)  Except as provided by Subsection (b), a state or local agency
  must accept the substitute post office box address designated by
  the attorney general if the substitute address is presented to the
  agency by a participant in place of the participant's true
  residential, business, or school address.
         (b)  The attorney general by rule may permit an agency to
  require a participant to provide the participant's true
  residential, business, or school address, if necessary for the
  agency to perform a duty or function that is imposed by law or
  administrative requirement.
         Art. 56.90.  EXCEPTIONS.  (a)  The attorney general:
               (1)  shall disclose a participant's true residential,
  business, or school address if:
                     (A)  requested by:
                           (i)  a law enforcement agency;
                           (ii)  the Department of Family and
  Protective Services for the purpose of conducting a child
  protective services investigation under Chapter 261, Family Code;
  or
                           (iii)  the Department of State Health
  Services or a local health authority for the purpose of making a
  notification described by Article 21.31, Section 54.033, Family
  Code, or Section 81.051, Health and Safety Code; or
                     (B)  required by court order; and
               (2)  may disclose a participant's true residential,
  business, or school address if:
                     (A)  the participant consents to the disclosure;
  and
                     (B)  the disclosure is necessary to administer the
  program.
         (b)  A person to whom a participant's true residential,
  business, or school address is disclosed under this section shall
  maintain the requested information in a manner that protects the
  confidentiality of the participant's true residential, business,
  or school address.
         Art. 56.91.  LIABILITY. (a)  The attorney general or an
  agent or employee of the attorney general is immune from liability
  for any act or omission by the agent or employee in administering
  the program if the agent or employee was acting in good faith and in
  the course and scope of assigned responsibilities and duties.
         (b)  An agent or employee of the attorney general who does
  not act in good faith and in the course and scope of assigned
  responsibilities and duties in disclosing a participant's true
  residential, business, or school address is subject to prosecution
  under Chapter 39, Penal Code.
         Art. 56.92.  PROGRAM INFORMATION AND APPLICATION MATERIALS.
  The attorney general shall make program information and application
  materials available online.
         Art. 56.93.  RULES. The attorney general shall adopt rules
  to administer the program.
         SECTION 2.  Article 56.54, Code of Criminal Procedure, is
  amended by amending Subsection (c) and adding Subsection (l) to
  read as follows:
         (c)  Except as provided by Subsections (h), [and] (i), and
  (l), the compensation to victims of crime auxiliary fund may be used
  by the attorney general only for the payment of compensation to
  claimants or victims under this subchapter.
         (l)  The attorney general may use the compensation to victims
  of crime auxiliary fund to cover costs incurred by the attorney
  general in administering the address confidentiality program
  established under Subchapter C.
         SECTION 3.  Title 1, Code of Criminal Procedure, is amended
  by adding Chapter 57B to read as follows:
  CHAPTER 57B. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF FAMILY
  VIOLENCE VICTIMS
         Art. 57B.01.  DEFINITIONS. In this chapter:
               (1)  "Name" means the legal name of a person.
               (2)  "Pseudonym" means a set of initials or a
  fictitious name chosen by a victim to designate the victim in all
  public files and records concerning the offense, including police
  summary reports, press releases, and records of judicial
  proceedings.
               (3)  "Public servant" has the meaning assigned by
  Subsection (a), Section 1.07, Penal Code.
               (4)  "Victim" means a person who is the subject of:
                     (A)  an offense that allegedly constitutes family
  violence, as defined by Section 71.004, Family Code; or
                     (B)  an offense that is part of the same criminal
  episode, as defined by Section 3.01, Penal Code, as an offense
  described by Paragraph (A).
         Art. 57B.02.  CONFIDENTIALITY OF FILES AND RECORDS.  
  (a)  The office of the attorney general shall develop and
  distribute to all law enforcement agencies of the state a pseudonym
  form to record the name, address, telephone number, and pseudonym
  of a victim.
         (b)  A victim may choose a pseudonym to be used instead of the
  victim's name to designate the victim in all public files and
  records concerning the offense, including police summary reports,
  press releases, and records of judicial proceedings. A victim who
  elects to use a pseudonym as provided by this article must complete
  a pseudonym form developed under this article and return the form to
  the law enforcement agency investigating the offense.
         (c)  A victim who completes and returns a pseudonym form to
  the law enforcement agency investigating the offense may not be
  required to disclose the victim's name, address, and telephone
  number in connection with the investigation or prosecution of the
  offense.
         (d)  A completed and returned pseudonym form is confidential
  and may not be disclosed to any person other than a defendant in the
  case or the defendant's attorney, except on an order of a court of
  competent jurisdiction. The court finding required by Subsection
  (g) is not required to disclose the confidential pseudonym form to
  the defendant in the case or to the defendant's attorney.
         (e)  If a victim completes and returns a pseudonym form to a
  law enforcement agency under this article, the law enforcement
  agency receiving the form shall:
               (1)  remove the victim's name and substitute the
  pseudonym for the name on all reports, files, and records in the
  agency's possession;
               (2)  notify the attorney for the state of the pseudonym
  and that the victim has elected to be designated by the pseudonym;
  and
               (3)  maintain the form in a manner that protects the
  confidentiality of the information contained on the form.
         (f)  An attorney for the state who receives notice that a
  victim has elected to be designated by a pseudonym shall ensure that
  the victim is designated by the pseudonym in all legal proceedings
  concerning the offense.
         (g)  A court of competent jurisdiction may order the
  disclosure of a victim's name, address, and telephone number only
  if the court finds that the information is essential in the trial of
  the defendant for the offense or the identity of the victim is in
  issue.
         (h)  Except as required or permitted by other law or by court
  order, a public servant or other person who has access to or obtains
  the name, address, telephone number, or other identifying
  information of a victim younger than 17 years of age may not release
  or disclose the identifying information to any person who is not
  assisting in the investigation, prosecution, or defense of the
  case. This subsection does not apply to the release or disclosure
  of a victim's identifying information by:
               (1)  the victim; or
               (2)  the victim's parent, conservator, or guardian,
  unless the victim's parent, conservator, or guardian allegedly
  committed the offense described by Article 57B.01(4).
         Art. 57B.03.  OFFENSE. (a)  A public servant with access to
  the name, address, or telephone number of a victim 17 years of age
  or older who has chosen a pseudonym under this chapter commits an
  offense if the public servant knowingly discloses the name,
  address, or telephone number of the victim to any person who is not
  assisting in the investigation or prosecution of the offense or to
  any person other than the defendant, the defendant's attorney, or
  the person specified in the order of a court of competent
  jurisdiction.
         (b)  Unless the disclosure is required or permitted by other
  law, a public servant or other person commits an offense if the
  person:
               (1)  has access to or obtains the name, address, or
  telephone number of a victim younger than 17 years of age; and
               (2)  knowingly discloses the name, address, or
  telephone number of the victim to any person who is not assisting in
  the investigation or prosecution of the offense or to any person
  other than the defendant, the defendant's attorney, or a person
  specified in an order of a court of competent jurisdiction.
         (c)  It is an affirmative defense to prosecution under
  Subsection (b) that the actor is:
               (1)  the victim; or
               (2)  the victim's parent, conservator, or guardian,
  unless the victim's parent, conservator, or guardian allegedly
  committed the offense described by Article 57B.01(4).
         (d)  An offense under this article is a Class C misdemeanor.
         Art. 57B.04.  APPLICABILITY OF CHAPTER TO DEPARTMENT OF
  FAMILY AND PROTECTIVE SERVICES.  Nothing in this chapter requires
  the Department of Family and Protective Services to use a pseudonym
  in a department report, file, or record relating to the abuse,
  neglect, or exploitation of a child or adult who may also be the
  subject of an offense described by Article 57B.01(4). To the extent
  permitted by law, the Department of Family and Protective Services
  and a department employee, as necessary in performing department
  duties, may disclose the name of a victim who elects to use a
  pseudonym under this chapter.
         Art. 57B.05.  APPLICABILITY OF CHAPTER TO POLITICAL
  SUBDIVISIONS. Nothing in this chapter requires a political
  subdivision to use a pseudonym in a report, file, or record that is
  not:
               (1)  intended for distribution to the public; or
               (2)  the subject of an open records request under
  Chapter 552, Government Code.
         SECTION 4.  Section 13.002, Election Code, is amended by
  amending Subsection (a) and adding Subsection (e) to read as
  follows:
         (a)  A person desiring to register to vote must submit an
  application to the registrar of the county in which the person
  resides. Except as provided by Subsection (e), an [An] application
  must be submitted by personal delivery or by mail.
         (e)  A person who is certified for participation in the
  address confidentiality program administered by the attorney
  general under Subchapter C, Chapter 56, Code of Criminal Procedure,
  is not eligible for early voting by mail under Section 82.007 unless
  the person submits an application under this section by personal
  delivery. The secretary of state may adopt rules to implement this
  subsection.
         SECTION 5.  Subsection (a), Section 18.005, Election Code,
  is amended to read as follows:
         (a)  Each original and supplemental list of registered
  voters must:
               (1)  contain the voter's name, residence address or
  substitute post office box address, if required by Section 18.0051,
  date of birth, and registration number as provided by the statewide
  computerized voter registration list;
               (2)  be arranged alphabetically by voter name; and
               (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].
         SECTION 6.  Subchapter A, Chapter 18, Election Code, is
  amended by adding Section 18.0051 to read as follows:
         Sec. 18.0051.  CONTENTS OF LIST:  SUBSTITUTE ADDRESS. An
  original or supplemental list of registered voters must contain a
  voter's substitute post office box address designated by the
  attorney general under Article 56.82(b), Code of Criminal
  Procedure, for use by the voter in place of the voter's true
  residential, business, or school address if the voter is eligible
  for early voting by mail under Section 82.007 and has submitted an
  early voting ballot application as required by Section 84.0021.
         SECTION 7.  Chapter 82, Election Code, is amended by adding
  Section 82.007 to read as follows:
         Sec. 82.007.  PARTICIPATION IN ADDRESS CONFIDENTIALITY
  PROGRAM. A qualified voter is eligible for early voting by mail if:
               (1)  the voter submitted a registration application by
  personal delivery as required by Section 13.002(e); and
               (2)  at the time the voter's early voting ballot
  application is submitted, the voter is certified for participation
  in the address confidentiality program administered by the attorney
  general under Subchapter C, Chapter 56, Code of Criminal Procedure.
         SECTION 8.  Subchapter A, Chapter 84, Election Code, is
  amended by adding Section 84.0021 to read as follows:
         Sec. 84.0021.  CONTENTS OF APPLICATION FOR PARTICIPANT IN
  ADDRESS CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION.
  (a)  An early voting ballot application submitted by a qualified
  voter who is eligible for early voting by mail under Section 82.007
  must include:
               (1)  the applicant's name and address at which the
  applicant is registered to vote;
               (2)  the substitute post office box address designated
  by the attorney general under Article 56.82(b), Code of Criminal
  Procedure, for use by the voter in place of the voter's true
  residential, business, or school address; and
               (3)  an indication of each election for which the
  applicant is applying for a ballot.
         (b)  The information contained in an application under this
  section relating to the address at which the applicant is
  registered to vote is confidential, except that the information
  must be disclosed if:
               (1)  requested by a law enforcement agency; or
               (2)  required by court order.
         SECTION 9.  Chapter 221, Election Code, is amended by adding
  Section 221.018 to read as follows:
         Sec. 221.018.  EXAMINATION OF CERTAIN CONFIDENTIAL
  INFORMATION. (a)  Notwithstanding Section 84.0021(b), the
  tribunal hearing an election contest may examine the information
  contained in an application under Section 84.0021 relating to the
  address at which the applicant is registered to vote.
         (b)  Information may be examined under this section only for
  the purpose of hearing an election contest.
         SECTION 10.  The attorney general shall establish the
  address confidentiality program and adopt rules to administer the
  program as required by Subchapter C, Chapter 56, Code of Criminal
  Procedure, as added by this Act, not later than June 1, 2008.
         SECTION 11.  Not later than October 1, 2007, the office of
  the attorney general shall develop and distribute to all law
  enforcement agencies of the state a pseudonym form to record the
  name, address, telephone number, and pseudonym of a victim as
  required by Article 57B.02, Code of Criminal Procedure, as added by
  this Act.
         SECTION 12.  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, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 74 passed the Senate on
  April 12, 2007, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 25, 2007, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 74 passed the House, with
  amendment, on May 23, 2007, by the following vote: Yeas 144,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor