HB 54              Relating to certain early voting by mail procedures and to the prevention
Wolens             of voting fraud generally; providing criminal penalties.  This act amends various sections of the Election Code to inhibit fraudulent mail in ballots.  Among its provisions is to require ballots to be delivered by carriers that routinely track delivery of their parcels.  This law takes effect on September 1, 2003.  

HB 148            Relating to the prohibition of the manufacture, sale or possession of a
Solomons         counterfeit disabled parking placer; providing penalties.  This act adds §681.0111 to the Transportation Code to facilitate the prosecution of those who counterfeit, sell, or use false handicapped parking placards including novelty permits.  This act takes effect on September 1, 2003.  

HB 149            Relating to certain privacy protections for consumers information
Solomons         included in the Texas no-call list.  This act includes a provision to add §552.141 to the Government Code so as to exempt from disclosure under the Public Information Act the names and telephone numbers of those individuals who are on the no-call list.  This act became effective on June 20, 2003.

HB 171            Relating to the authority of a district court to order the expunction of arrest
Keel                 records and files for certain persons.  This act amends Article 55 of the Code of Criminal Procedure to clarify that orders for expunctions of criminal records must come from District Courts.  This act takes effect on September 1, 2003.  

HB 236            Relating to the punishment for the offense of obscenity and to certain
West                consequences related to a conviction for an offense involving obscenity. This amends various sections of the Penal Code including the addition of §43.27 requiring businesses developing or processing visual material (e.g. photographic laboratories) to report to a law enforcement agency the discovery of evidence of crime.  This act becomes effective on September 1, 2003.

HB 402           Relating to a pilot program involving the use of an electronic registration.
Madden           system.  This act adds §63.013 to the Election Code requiring the Secretary of State to implement for evaluation of a voter registration card with an electronic strip in one county to automate the voter identification process.  This provision will expire in 2007.  This act became effective on June 20, 2003.  

HB 406            Relating to proceeds received by a person accused or convicted of a crime
Hunter             from publicizing the crime.  This act amends Article 59 of the Code of Criminal Procedure to add income from electronic media, internet sites, and telephonic communications to the other venues by which criminals are not allowed to profit from publicizing their crimes.  This act became effective on September 1, 2003.

HB 500            Relating to the confidentiality of applications for ad valorem tax
Goolsby           exemptions; providing a penalty.  This act adds §11.48 to the Tax Code to exempt from public inspection the drivers license number, personal identification certificate number, or Social Security number of a person applying for an exemption from ad valorem taxes.  This act becomes effective on September 1, 2003.

HB 545               Relating to making a military discharge record that a veteran has recorded
Wohlgemuth     with the county clerk a confidential record for a period of 50 years and limiting the disclosure and use of the record.  This act adds §552.140 to the Government Code and §192.002(c) to the Local Government Code pertaining to access to military discharge records filed with the county clerk since 1917.  Despite the caption, discharge papers filed after September 1, 2003 will be excepted from disclosure for 75 years.  It does not appear to close discharge papers already filed but gives the veteran the opportunity to withdraw them and, apparently, allows the county clerk to prevent browsing.   This act became effective on September 1, 2003.

HB 562            Relating to the collection and maintenance of DNA samples taken from
McCall             certain offenders.  This act adds §411.1481 to the Government Code to require the Texas Department of Criminal Justice and the Texas Youth Commission to take a DNA sample from each person convicted of capital murder as a “DNA record.”  This act becomes effective on the date when the director of the Department of Public Safety certifies that funds have been received from the federal government or other source to pay for it.

HB 587            Relating to the cremation of human remains; providing a penalty.
Marchant          This act adds Chapter 716 to the Health and Safety Code and makes conforming amendments to various sections of the Occupations Code to regulate cremations.  Among the provisions are extensive record keeping requirements for establishments cremating human remains to document that all required identifications, authorizations, receipts and waivers have been obtained and Subchapter F requires that a record of the cremation be maintained for 5 years.  This act becomes effective on September 1, 2003.

HB 660           Relating to access to criminal history record information by certain
Allen                licensing and regulatory agencies.  This act amends §411.122 of the Government Code to give some 31 state agencies, commissions, and boards access to Department of Public Safety and Federal Bureau of Investigation criminal history information on individuals applying for or holding licenses and permits that they grant.  This act becomes effective on September 1, 2003.

HB 736            Relating to use of the internal mail system of a government agency to
Denny              deliver political advertising; providing a criminal penalty.  This act adds §255.0031 to the Election Code making it a Class A misdemeanor for pubic officials and employees to knowingly distribute political advertising utilizing internal distribution systems.  This does not apply to the distribution of mail received through the U.S. Postal Service or to material forwarded or distributed during the course of an investigation.  It is unclear if this also applies to electronic communications.  The measure is in response to the practices of some public schools to distribute political messages to students and parents.  This act became effective on September 1, 2003.

HB 854            Relating to the eligibility of public schools and libraries for certain funds.
West                This act adds §32.151 to the Education Code and §441.1385 to the Government Code to require schools and public libraries to limit access of minors to obscene materials on the Internet in order to qualify for loans and grants from the Texas Infrastructure Fund.  This act became effective on September 1, 2003.

HB 983            Relating to the authority of an ad valorem tax appraisal district to obtain
Talton               certain criminal history record information relating to an applicant for employment.  This act adds §411.1296 to the Government Code granting appraisal districts access to criminal history information from the Department of Public Safety.  This act became effective on June 20, 2003.

HB 1027          Relating to the confidentiality of crime victim information.  This act
Hupp                amends §552.132 of the Government Code to permit public employees who are also crime victims to block access to information (including photographs) held by their employer.  This act became effective on June 20, 2003.

HB 1036          Relating to the confidentiality of certain reports of criminal activity and
Ritter                to immunity from civil liability for certain persons making or receiving those reports.  This act amends Chapter 414 of the Government Code to grant criminal defendants and civil litigants limited access to crime stopper reports that may be exculpatory in criminal proceedings or used to prove wrong-doing in civil court.  It also requires crime stopper organizations to keep the records for one year after the time for a civil appeal in addition to the current retention period.  This act became effective on September 1, 2003.

HB 1060          Relating to prohibiting the promotion of certain improper photographs or
Thompson        visual recordings; providing a penalty.  Expanding a law passed last session, this act amends §21.15 of the Penal Code to criminalize the activities of persons promoting voyeuristic internet sites featuring hidden cameras.  This act became effective on September 1, 2003.  

HB 1066          Relating to the continuance of the municipal court technology fund.
Goodman         This act amends Section 102 of the Code of Criminal Procedure to repeal the September 1, 2005 expiration date of a technology fee collected by municipal courts ($593,000 in Austin alone last year) and to permit the proceeds to pay for maintenance as well as purchase of equipment.  This act became effective on September 1, 2003.

HB 1075          Relating to criminal history record information for state agency
McCall             technology personnel.  This act amends Chapter 411 of the Government Code to give state agencies access to the criminal history records on employees, volunteers, contractors, and job applicants provide that they would have access to the information resources other than a telephone or “desk top computer.”  This act became effective on September 1, 2003.

HB 1156          Relating to the adoption of the Business Organizations Code.  This
Giddings           400+ page act codifies existing statutes into the Business Organizations Code, a project that the Secretary of State and State Bar have been working on since 1995.  This act becomes effective on January 1, 2006.

HB 1189          Relating to alternative dispute resolution in certain police departments.
Talton               This act, originally drafted for the Houston Police Department but expanded to cover all departments adds §143.135 to the Civil Practice and Remedies authorizing mediation to resolve disputes between officers and the department.  Records of the proceedings may be disclosed only with the permission of all parties and there are also restrictions to discoverability in judicial proceedings.  This act became effective on September 1, 2003.

HB 1282          Relating to commercial electronic mail; providing penalties.  This
McCall             acts adds Chapter 46 to the Business and Commerce Code to regulate and restrict commercial electronic mail (Spam).  Provisions include:  1.  “ADV” or “ADV:  ADULT” must appear in the subject line.  2.  Senders must cease sending unsolicited messages when requested.  3.  Senders may not resell the addresses of those who request not to receive spam.  4. Criminal violations are Class B misdemeanors and Civil penalties can be $25,000 a day or $10 a message.  5.  Service providers are generally not accountable for the misuse of their services.  This act became effective on September 1, 2003.

HB 1330          Relating to medical information on a driver’s license.  This act amends
McReynolds     Chapter 521 of the Transportation Code to provide that applications for drivers license will provide a space for applicants to list medical conditions that may interfere with their ability to communicate with a peace officer and provides that this information may be placed on a drivers license, space permitting.  This act becomes effective on January 1, 2004.

HB 1391          Relating to the confidentiality of pleadings and protective order
Hamric            applications in certain proceedings in the Family Code.  This bill, applying only to Harris County, amends Chapters 6, 82, and 102 of the Family Code to close temporarily the case files in Family Courts dealing with divorces, protective orders, and adoptions between the time of filing and another event, i.e. 31 days after sit filed, service of citation, hearing of application, etc.  This act became effective on September 1, 2003.

HB 1394          Relating to a revision of the general provisions of the Uniform
Elkins               Commercial Code.  This act makes numerous amendments to The Texas Business and Commercial Code (Uniform Commercial Code) to harmonize preceding amendments and to make some substantive changes in the conduct of business in Texas.  It includes a new definition of a record, “‘Record’ means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.”  This act became effective on September 1, 2003.

HB 1452          Relating to prohibiting a governmental entity from disclosing
Hilderbran        personal information relating to certain persons who hold a private pesticide applicator license.  This act adds 76.119 to the Agriculture Code to limit disclosure of the identifications of livestock producers licensed to use predator control devices.  This act became effective on June 20, 2003.

HB 1549          Relating to changes required in election laws to implement the federal
Denny              Help America Vote Act of 2002.  This act makes numerous amendments to the Election Code necessary to conform to federal legislation.  One change is to require the Secretary of State maintain a statewide voter registration list and another requires voter registration applications to include an applicant’s drivers license or state-issued personal identification number or the last four digits of the Social Security Number.  This act becomes effective on January 1, 2004.

HB 1602          Relating to the availability on the Internet of electronic reports of political
Madden           contributions and expenditures.  This act amends Chapter 254 of the Election Code to require the Texas Ethics Commission to post on the Internet reports received from candidates and special purpose committees in a timely fashion.  Heretofore it could post such reports only after all were received.  This act became effective on September 1, 2003.

HB 1637          Relating to the formation, organization, management, and records of
Oliveira           certain business organizations.  This 12-page act makes numerous amendments to the Civil Statutes and Chapter 405 of the Government Code pertaining to Limited Liability Companies and Partnerships.  Among its provisions is the requirement for the Secretary of State to “permanently maintain as a public record” filed instruments documenting the organization of each entity.  This act became effective on September 1, 2003.

HB 1733          Relating to certain records kept by persons who weigh cargo transported
Hambric           by commercial motor vehicles.  This bill amends §621410(e) of the Transportation Code to exempt enterprises transporting motor vehicle fuel and state and local weight enforcement officers from the requirement of recording and maintaining for 180 days records of each vehicle weighed.   This bill became effective on June 18, 2003.

HB 1863          Relating to the disclosure of certain voter registration information.
Bohac              This act adds 13.004(c) to the Election Code to prohibit registrars from divulging Social Security, Texas Drivers License, or Texas Personal Identification numbers.  This act became effective on September 1, 2003.

HB 1869            Relating to the admission of certain video testimony into evidence in a
Baxter              proceeding regarding the abuse or neglect of a child.  This act adds §1004.007 to the Family Code expanding a pilot program in Harris County to authorize courts to permit such professionals as doctors, teachers, and juvenile probation department officers to testify by video conference in child abuse/neglect cases.  This act became effective on September 1, 2003.  

HB 1905            Relating to the records management and preservation fee collected by a
Farrar               district clerk.  This amends act §51.317 of the Government Code doubling to $10 the Records Management and Preservation Fee collected by the District Clerk with the additional $5 being earmarked for records management and preservation of District Clerk records.  This act became effective on September 1, 2003.

HB 1921          Relating to the immunization registry.  This act makes numerous
Capelo             amendments to Chapter 161 of the Health and Safety Code affecting the immunization registry for minors maintained by the Texas Department of Health.  Among the new provisions is the clarification that a parent’s permission to include the child in the registry must be obtained only once and that may be by an electronic signature on the birth certificate.  This act became effective on June 20, 2003.

HB 2012            Relating to the creation of an organic standards registration and
Hardcastle        certification program.  This act amends several sections of Chapter 18 of the Agriculture Code pertaining to the Texas Department of Agriculture’s organic food program.  Among the provisions is one that declares information collection under the program to be public information but the Department may by rule exempt some information from release under the Public Information Act when required by the national program.  This act became effective on June 21, 2003.

HB 2032          Relating to the confidentiality of e-mail addresses under the Public.
Hochberg         Information Law.  This act amends Chapter 552 of the Government Code to clarify that e-mail addresses obtained from citizens, including corporate citizens, communicating with the government are confidential and that improper release is an offense.  It excludes, however, e-mail addresses of contractors, vendors, and bidders, or on published documents (such as business stationary).   This act became effective on September 1, 2003

HB 2040          Relating to authorizing certain state agencies to share information for
Marchant          investigative purposes.  This act amends Chapter 55 of the Government Code to give six named state departments authority to share otherwise confidential information on licensed or regulated persons when corporate fraud is suspected.  This act became effective on June 20, 2003.

HB 2132          Relating to the authority of the Texas State Board of Examiners of
Zedler              Psychologists to issue a subpoena to obtain certain information.  This act adds §501,296 to the Occupation Code to give the presiding officer of the State Board of Examiners of Psychologists the power to subpoena records or compel testimony relevant to an investigation.  This act became effective on June 20, 2003.

HB 2138          Relating to the use of certain electronic devices for the purpose of
Hopson            commiting identity theft; providing criminal penalties.  This act adds §35.38 to the Business and Commerce Code and makes conforming amendments to the Code of Criminal Procedure to make it a Class B misdemeanor to use a scanner or re-encoder to fraudulently transfer information from credit, debit, or similar card to another card.  This act became effective on September 1, 2003.

HB 2153          Relating to filing a voting system equipment contract with the secretary of
Denny              state.  This act amends §123.035 of the Election Code to require public entities acquiring voting systems to file their contracts with the Secretary of State who has the authority to void the contract.  This act became effective on September 1, 2003.

HB 2185          Relating to the issuance of a certificate of death by catastrophe.  This
Geren               Act adds §193.010 to the Health and Safety Code to authorize local registrars of vital statistics to issue a “certificate of death by catastrophe” in events when human life is lost due to a cataclysmic event and their remains cannot be found or identified.  There must be a 10-day waiting period and reason to believe that the person was present.  This act became effective on September 1, 2003.

HB 2208          Relating to obtaining criminal history record information for applicants/
Allen                holders  of a license to practice registered nursing.  This bill adds several sections to Chapter 301 of the Occupation Code and makes conforming amendments to the Government Code to permit the Board of Nursing Examiners to obtain criminal history information of persons from the Department of Public Safety and the Federal Bureau of Investigation on persons holding or applying for a license to practice nursing.  This act became effective on September 1, 2003.

HB 2359          Relating to the programs and systems administered by the Employees
Ritter                Retirement System of Texas.  This act amends over 50 sections of the Government and Insurance Code pertaining to public retirement systems.  Three of the changes emphasize that the system’s retirement and insurance records of public safety employees and educators are exempt from the public information act and the system does not even have to accept a request for the information.  Another provision allows certain transactions (such as designating a beneficiary) to be done electronically.  This act became effective on September 1, 2003.

HB 2409          Relating to the disclosure of certain information held by a business
Solomons         check verification or check guarantee services.  This act adds §20.11 to the Business and Commerce Code giving consumers the right to obtain from check verification services copies of information that the services have on them and other information on their practices.  If a check has been rejected within the previous 30 days the information must be provided free, otherwise the maximum fee is $8.  This act became effective on September 1, 2003.

HB 2455          Relating to the governmental entities subject to, and the confidentiality of
Chisum             records under the sunset review process.  This act amends numerous articles of the Government Code affecting many state agencies subject to Sunset Review.  Among its provisions is the addition of §325.0195 exempting the working papers of the Sunset Commission from disclosure under the Public Information Act.  This act became effective on September 1, 2003.

HB 2474          Relating to electronic surveillance.  This 10-page act makes numerous
Callegari           amendments to Sections 16 and 18 of the Penal Code to make technical improvements in the language and to conform with more recent Federal law.  This act became effective on September 1, 2003.

HB 2622          Relating to access by certain governmental agencies and private entities
Allen                to criminal history record information.  This act makes numerous changes to Chapter 411 of the Government Code and to §156.206 of the Finance Code relating to access to and subsequent disposition of criminal history information by the Department of Licensing and Regulation, Texas Workforce Commission, Board of Public Accounting, Department of Mental Health and Mental Retardation, Commission on Fire Protection, the Saving and Loan Commission, court clerks, and various regulatory and private agencies.   This act became effective on September 1, 2003.

HB 2725          Relating to the destruction of records following certain expunctions.
Talton               This act amends Article 5502 of the Code of Criminal Procedures to permit court clerks to expunge records of acquitted defendants in as little as 60 days whereas prior law required that they be kept for a full year.  There is also a new requirement that the state’s attorney be notified of such expunctions.  This act became effective on June 20, 2003.

HB 2819          Relating to the confidentiality of certain information held by governmental
Driver               bodies.  This act amends §25.025(a) of the Tax Code to prevent Appraisal Districts from releasing the addresses of certain victims of family violence.  This act became effective on June 20, 2003.

HB 2930          Relating to the confidentiality of certain personal information in real
Lewis               property records filed with the county clerk.  This act amends §13.002 and adds §11.008 to the Property Code to permit persons filing deeds, deeds of trust or mortgages with the county clerk after January 1, 2004 to remove their Social Security or Drivers Licenses numbers from the instruments.  This act becomes effective on September 1, 2003.

HB 2931          Relating to the efficient administration of county government.  This act
Lewis               amends several sections of the Government and Local Government Code affecting the administration of county government in disparate ways.  The ones pertaining to information and records include (1) county and district attorneys are permitted to keep their record of official acts in electronic format; (2) the county clerks may keep minutes of commissioners court in electronic form; and (3) counties may obtain copyrights, patents, and register trademarks.   This act became effective on September 1, 2003.

HB 3024          Relating to increasing governmental efficiency through the reduction of
Armbrister        duplicative reporting and auditing requirements.  This act adds §783.010 to the Government Code to require state agencies receiving reports from local governments to review their practices to eliminate duplicate, overly burdensome, or unnecessary reports and, normally, to accept reports prepared by a CPA rather than duplicating the report with state assets.  This act became effective on June 20, 2003.

HB 3414          Relating to the filing of a financing statement under the Uniform
Marchant          Commercial Code.  This Act amends Chapter 9 of the Commerce & Business Code to require that financing statements filed after January 1, 2004 be on the standard form approved by the International Association of Commercial Administrators.  This bill will become effective on January 1, 2004.

Boiler Plate

The following bills contain “boiler plate” language authorizing a governmental entity to conduct its business utilizing electronic record keeping and/or communications.  The provisions are so perfunctory that only the title and caption is necessary.

HB 599            Relating to the continuation and functions of the State Bar of Texas.
Chisum 

HB 730            Relating to residential construction, including certain warranties, building
Ritter                standards and dispute resolution. 

HB 1166          Relating to the on-line information needs and requirements of
Solomons         licensing agencies and their license holders.

HB 1538          Relating to the continuation and functions of the Texas Funeral
Chisum             Service Commission, including certain functions transferred to the commission from the Texas Department of Health.

HB 2188          Relating to alternate methods of responding to a jury summons.
Rodriguez