S.B. No. 256

	AN ACT
	relating to the confidentiality of home address information of
	certain victims of family violence, sexual assault or abuse,
	stalking, or trafficking of persons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Subchapter C, Chapter 56, Code of
	Criminal Procedure, is amended to read as follows:
	SUBCHAPTER C.  ADDRESS CONFIDENTIALITY PROGRAM FOR VICTIMS OF
	FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, [OR] STALKING, OR
	TRAFFICKING OF PERSONS
	SECTION 2.  Article 56.81, Code of Criminal Procedure, is
	amended by adding Subdivisions (3-a), (6-a), (6-b), and (6-c) and
	amending Subdivision (7) to read as follows:
	(3-a)  "Household" has the meaning assigned by Section
	71.005, Family Code.
	(6-a)  "Sexual abuse" means any conduct that
	constitutes an offense under Section 21.02, 21.11, or 25.02, Penal
	Code.
	(6-b)  "Sexual assault" means any conduct that
	constitutes an offense under Section 22.011 or 22.021, Penal Code.
	(6-c)  "Stalking" means any conduct that constitutes an
	offense under Section 42.072, Penal Code.
	(7)  "Trafficking of persons" means any conduct that
	constitutes an offense [that may be prosecuted] under Section
	20A.02, 20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal
	Code, and that results in a person:
	(A)  engaging in forced labor or services; or
	(B)  otherwise becoming a victim of the offense.
	SECTION 3.  Article 56.82(a), Code of Criminal Procedure, is
	amended to read as follows:
	(a)  The attorney general shall establish an address
	confidentiality program, as provided by this subchapter, to assist
	a victim of family violence, sexual assault or abuse, stalking, or
	trafficking of persons[, or an offense under Section 22.011,
	22.021, 25.02, or 42.072, Penal Code,] in maintaining a
	confidential address.
	SECTION 4.  Article 56.83, Code of Criminal Procedure, is
	amended by amending Subsections (a), (b), and (e) and adding
	Subsection (e-1) to read as follows:
	(a)  To be eligible to participate in the program, an
	applicant must:
	(1)  either:
	(A)  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 or civil legal services or
	counseling to victims of family violence, sexual assault or abuse,
	stalking, or trafficking of persons[, or an offense under Section
	22.011, 22.021, 25.02, or 42.072, Penal Code];
	(B)  be protected under, or be filing an
	application on behalf of a victim who is the applicant's child or
	another person in the applicant's household and who is protected
	under:
	(i)  a temporary injunction issued under
	Subchapter F, Chapter 6, Family Code;
	(ii)  a temporary ex parte order issued
	under Chapter 83, Family Code;
	(iii)  an order issued under Chapter 7A or
	Article 6.09 of this code or Chapter 85, Family Code; or
	(iv)  a magistrate's order for emergency
	protection issued under Article 17.292; or
	(C)  possess documentation of family violence, as
	identified by the rules adopted under this section, or of sexual
	assault or abuse or stalking, as described by Section 92.0161,
	Property Code;
	(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)  file an affirmation that the applicant has
	discussed safety planning with a victim's assistance counselor
	described by Subdivision (1)(A);
	(4)  designate the attorney general as agent to receive
	service of process and mail on behalf of the applicant; and
	(5) [(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,
	sexual assault or abuse, stalking, or trafficking of persons[, 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,
	sexual assault or abuse, stalking, or [the] trafficking of
	persons[, 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, the
	applicant's child, or another person in the applicant's household
	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.
	(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).
	(e-1)  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, sexual assault or abuse,
	stalking, or trafficking of persons[, 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
	described by Subsection (a)(1)(B);
	(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 of the
	applicant, applicant's child, or other person in the applicant's
	household as a result of the family violence, sexual assault or
	abuse, stalking, or trafficking of persons[, 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, applicant's child, or other person
	in the applicant's household in addressing the effects of the
	family violence, sexual assault or abuse, stalking, or trafficking
	of persons; or
	(5)  any other independent documentary evidence
	necessary to show the applicant's eligibility to participate in the
	program[, or offense].
	SECTION 5.  Article 56.90(a), Code of Criminal Procedure, is
	amended to read as follows:
	(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 for the
	purpose of conducting an investigation;
	(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 of this code, 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.
	SECTION 6.  Section 13.004(c), Election Code, is amended 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 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)  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, the spouse of a federal judge or state judge, or an
	individual to whom Section 552.1175, Government Code, applies and
	the applicant:
	(A)  included an affidavit with the registration
	application describing the applicant's status under this
	subdivision, including an affidavit under Section 13.0021 if the
	applicant is a federal judge or state judge or the spouse of a
	federal judge or state judge;
	(B)  provided the registrar with an affidavit
	describing the applicant's status under this subdivision,
	including an affidavit under Section 15.0215 if the applicant is a
	federal judge or state judge or the spouse of a federal judge or
	state judge; or
	(C)  provided the registrar with a completed form
	approved by the secretary of state for the purpose of notifying the
	registrar of the applicant's status under this subdivision;
	(6)  the residence address of the applicant, if the
	applicant, the applicant's child, or another person in the
	applicant's household is a victim of family violence as defined by
	Section 71.004, Family Code, who provided the registrar with:
	(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 applicant, the applicant's child, or
	another person in the applicant's household is a victim of family
	violence;
	(7)  the residence address of the applicant, if the
	applicant, the applicant's child, or another person in the
	applicant's household is a victim of sexual assault or abuse,
	stalking, or trafficking of persons who provided the registrar
	with:
	(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 applicant, the applicant's child, or
	another person in the applicant's household is a victim of sexual
	assault or abuse, stalking, or trafficking of persons; or
	(8)  the residence address of the applicant, if the
	applicant:
	(A)  is a participant in the address
	confidentiality program administered by the attorney general under
	Subchapter C, Chapter 56, Code of Criminal Procedure; and
	(B)  provided the registrar with proof of
	certification under Article 56.84, Code of Criminal Procedure.
	SECTION 7.  Section 25.025(a), Tax Code, is 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;
	(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;
	(5)  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 [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];
	(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;
	(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;
	(8)  a federal judge, a state judge, or the spouse of a
	federal judge or state judge;
	(9) [(7)]  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;
	(10) [(8)]  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;
	(11) [(9)]  a criminal investigator of the United
	States as described by Article 2.122(a), Code of Criminal
	Procedure;
	(12) [(10)]  a police officer or inspector of the
	United States Federal Protective Service;
	(13) [(11)]  a current or former United States attorney
	or assistant United States attorney and the spouse and child of the
	attorney;
	(14) [(12)]  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;
	(15) [(13)]  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;
	(16) [(14)]  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;
	(17) [(15)]  a current or former employee of the Texas
	Juvenile Justice Department or of the predecessors in function of
	the department;
	(18) [(16)]  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; and
	(19) [(17)]  a current or former employee of a juvenile
	justice program or facility, as those terms are defined by Section
	261.405, Family Code.
	SECTION 8.  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, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 256 passed the Senate on
	March 29, 2017, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 256 passed the House on
	May 6, 2017, by the following vote:  Yeas 142, Nays 0, one present
	not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor