Legislature puts restrictions on information available to public
AUSTIN — Concealed handgun permits are now off limits. Search warrant information could be kept under wraps for two months.
In the 140-day regular session that ended Monday, the Texas Legislature put some key restrictions on what information the public has a right to know and when.
Journalists lost their bid to get limited immunity from being forced to reveal their confidential sources in court. But in what many consider a victory for open government, Texas voters will decide whether lawmakers must record their votes on final passage of bills.
No bill was lobbied heavier by media groups than the so-called shield law for reporters. The “Free Flow of Information Act,” as they called it, would have protected journalists from being compelled to testify about, disclose or produce confidential information in civil or criminal court cases, with certain exceptions.
Thirty-four states have such a journalists’ privilege, and Congress is also contemplating one.
The bill ran into stiff opposition from Texas prosecutors but still passed the Senate. Supporters expected it to pass the House, but it was killed on a technicality without a vote.
Opponents said the bill could hinder criminal prosecutions.
“The prosecutors did everything they could to muddy the water on this to try to keep it from passing. We were going to win,” said Ken Whalen of the Texas Daily Newspaper Associ-
ation. “It’s something we’d like to get passed in the next session.”
Lawmakers restricted public access to concealed handgun permits and information police file when they want a search warrant.
Concealed handgun licenses had been public information since the law was first passed in 1995. While the entire list would not be furnished, a requester could ask whether a specific person held a permit.
That changed with a bill filed by Rep. Patrick Rose, a Dripping Springs Democrat. Republican Gov. Rick Perry has already signed the measure into law and it took effect immediately.
“Governor Perry was pleased to sign (the bill) into law, protecting the privacy and safety of licensed concealed handgun holders in Texas,” spokeswoman Krista Moody said.
The Associated Press requested concealed handgun license informa-
tion in 2005 for all 150 state representatives and 31 senators. DPS records showed that 30 Texas lawmakers had permits at that time. Neither Rose nor Sen. Bob Deuell, R-Greenville, who sponsored the Senate version of this year’s legislation, were among those with licenses.
Joel White, immediate past president and current member of the board of directors of the Freedom of Information Foundation of Texas, said sealing those records won’t allow the media and public to track whether licenses are given to felons or other people who shouldn’t have them.
The fight isn’t about knowing who has a license, but finding out if someone should not, White said.
Another bill allows judges to seal search warrant affidavits for up to 60 days. The bill is waiting action from Perry to become law.
Currently, a sworn affidavit filed to support a search warrant is public information once the warrant is executed and Texas courts have ruled it be made immediately available.
