81R1154 JRD-D
By: Davis of Dallas H.B. No. 1383
A BILL TO BE ENTITLED
AN ACT
relating to access to certain information under the public
information law concerning public officers and employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.024, Government Code, is amended to
read as follows:
Sec. 552.024. PERSONAL INFORMATION OF EMPLOYEES AND
OFFICIALS [ELECTING TO DISCLOSE ADDRESS AND TELEPHONE NUMBER]. (a)
Information [Each employee or official of a governmental body and
each former employee or official of a governmental body shall
choose whether to allow public access to the information] in the
custody of a [the] governmental body that relates to the [person's]
home address, home telephone number, or social security number of
an employee or official of the governmental body or of a former
employee or official of the governmental body, or that reveals
whether the person has family members, is excepted from the
requirements of Section 552.021.
(b) [Each employee and official and each former employee and
official shall state that person's choice under Subsection (a) to
the main personnel officer of the governmental body in a signed
writing not later than the 14th day after the date on which:
[(1) the employee begins employment with the
governmental body;
[(2) the official is elected or appointed; or
[(3) the former employee or official ends service with
the governmental body.
[(c) If the employee or official or former employee or
official chooses not to allow public access to the information, the
information is protected under Subchapter C.
[(d) If an employee or official or a former employee or
official fails to state the person's choice within the period
established by this section, the information is subject to public
access.
[(e)] An employee or official or former employee or official
of a governmental body who wishes to [close or] open public access
to the information may request in writing that the main personnel
officer of the governmental body [close or] open access.
[(f) This section does not apply to a person to whom Section
552.1175 applies.]
SECTION 2. Section 552.117(a), Government Code, is amended
to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if it is information that relates to the home
address, home telephone number, or social security number of the
following person or that reveals whether the person has family
members:
(1) [a current or former official or employee of a
governmental body, except as otherwise provided by Section 552.024;
[(2)] a peace officer as defined by Article 2.12, Code
of Criminal Procedure, or a security officer commissioned under
Section 51.212, Education Code, regardless of whether the officer
complies with Section [552.024 or] 552.1175[, as applicable];
(2) [(3)] a current or former employee of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department, regardless of
whether the current or former employee complies with Section
552.1175;
(3) [(4)] a peace officer as defined by Article 2.12,
Code of Criminal Procedure, or other law, a reserve law enforcement
officer, a commissioned deputy game warden, or a corrections
officer in a municipal, county, or state penal institution in this
state who was killed in the line of duty, regardless of whether the
deceased complied with Section [552.024 or] 552.1175;
(4) [(5)] a commissioned security officer as defined
by Section 1702.002, Occupations Code, regardless of whether the
officer complies with Section [552.024 or] 552.1175[, as
applicable]; or
(5) [(6)] an officer or employee of a community
supervision and corrections department established under Chapter
76 who performs a duty described by Section 76.004(b), regardless
of whether the officer or employee complies with Section [552.024
or] 552.1175.
SECTION 3. Section 552.138(b), Government Code, is amended
to read as follows:
(b) Information maintained by a family violence shelter
center or sexual assault program is excepted from the requirements
of Section 552.021 if it is information that relates to:
(1) the home address, home telephone number, or social
security number of an employee or a volunteer worker of a family
violence shelter center or a sexual assault program[, regardless of
whether the employee or worker complies with Section 552.024];
(2) the location or physical layout of a family
violence shelter center;
(3) the name, home address, home telephone number, or
numeric identifier of a current or former client of a family
violence shelter center or sexual assault program;
(4) the provision of services, including counseling
and sheltering, to a current or former client of a family violence
shelter center or sexual assault program;
(5) the name, home address, or home telephone number
of a private donor to a family violence shelter center or sexual
assault program; or
(6) the home address or home telephone number of a
member of the board of directors or the board of trustees of a
family violence shelter center or sexual assault program[,
regardless of whether the board member complies with Section
552.024].
SECTION 4. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.150 to read as follows:
Sec. 552.150. EXCEPTION: INFORMATION THAT COULD COMPROMISE
SAFETY OF PUBLIC OFFICER OR EMPLOYEE. (a) Information in the
custody of a governmental body that relates to an employee or
officer of the governmental body is excepted from the requirements
of Section 552.021 if:
(1) it is information that, if disclosed under the
specific circumstances pertaining to the individual, could
reasonably be expected to compromise the safety of the individual,
such as information that describes or depicts the likeness of the
individual, information stating the times that the individual
arrives at or departs from work, a description of the individual's
automobile, or the location where the individual works or parks;
(2) the employee or officer applies in writing to the
governmental body's officer for public information to have the
information withheld from public disclosure under this section and
includes in the application:
(A) a description of the information; and
(B) the specific circumstances pertaining to the
individual that demonstrate why disclosure of the information could
reasonably be expected to compromise the safety of the individual;
and
(3) the officer for public information determines that
under the specific circumstances pertaining to the individual,
disclosure of the information could reasonably be expected to
compromise the safety of the individual.
(b) The officer for public information shall endorse on the
application the officer's approval of the request in a manner that
indicates the information that may be withheld under this section.
SECTION 5. The changes in law made by this Act apply in
relation to a request for information made under Chapter 552,
Government Code, before, on, or after the effective date of this
Act.
SECTION 6. 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, 2009.