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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the Department of Public Safety from |
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responding to bulk requests from the federal government for lists |
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of individuals licensed to carry a concealed handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.192, Government Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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read as follows: |
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(a) In this section: |
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(1) "Bulk request" means a request for all or a |
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significant portion of the names or other personal information of |
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applicants or licensees who: |
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(A) reside within a certain geographical area; or |
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(B) applied for a license or were licensed within |
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a certain period. |
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(2) "Criminal justice agency" has the meaning assigned |
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by Article 60.01, Code of Criminal Procedure. |
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(a-1) Subject to Subsection (a-2), the [The] department |
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may, only in response to a subpoena issued in a criminal proceeding, |
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[shall] disclose to a criminal justice agency information contained |
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in its files and records regarding whether a named individual or any |
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individual named in a specified list is licensed under this |
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subchapter. Information on an individual subject to disclosure |
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under this section includes the individual's name, date of birth, |
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gender, race, zip code, telephone number, e-mail address, and |
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Internet website address. Except as otherwise provided by this |
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section and by Section 411.193, all other records maintained under |
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this subchapter are confidential and are not subject to mandatory |
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disclosure under the open records law, Chapter 552. |
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(a-2) To the extent allowed by federal law, the department, |
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in response to a bulk request made by a federal criminal justice |
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agency, may not provide to the agency a list of individuals licensed |
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to carry a concealed handgun under this subchapter. |
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SECTION 2. This Act takes effect September 1, 2015. |