Texas 2009 - 81st Regular

Texas House Bill HB1383 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1154 JRD-D
2	2	By: Davis of Dallas H.B. No. 1383
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to access to certain information under the public
8	8	information law concerning public officers and employees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 552.024, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 552.024. PERSONAL INFORMATION OF EMPLOYEES AND
13	13	OFFICIALS [ELECTING TO DISCLOSE ADDRESS AND TELEPHONE NUMBER]. (a)
14	14	Information [Each employee or official of a governmental body and
15	15	each former employee or official of a governmental body shall
16	16	choose whether to allow public access to the information] in the
17	17	custody of a [the] governmental body that relates to the [person's]
18	18	home address, home telephone number, or social security number of
19	19	an employee or official of the governmental body or of a former
20	20	employee or official of the governmental body, or that reveals
21	21	whether the person has family members, is excepted from the
22	22	requirements of Section 552.021.
23	23	(b) [Each employee and official and each former employee and
24	24	official shall state that person's choice under Subsection (a) to
25	25	the main personnel officer of the governmental body in a signed
26	26	writing not later than the 14th day after the date on which:
27	27	[(1) the employee begins employment with the
28	28	governmental body;
29	29	[(2) the official is elected or appointed; or
30	30	[(3) the former employee or official ends service with
31	31	the governmental body.
32	32	[(c) If the employee or official or former employee or
33	33	official chooses not to allow public access to the information, the
34	34	information is protected under Subchapter C.
35	35	[(d) If an employee or official or a former employee or
36	36	official fails to state the person's choice within the period
37	37	established by this section, the information is subject to public
38	38	access.
39	39	[(e)] An employee or official or former employee or official
40	40	of a governmental body who wishes to [close or] open public access
41	41	to the information may request in writing that the main personnel
42	42	officer of the governmental body [close or] open access.
43	43	[(f) This section does not apply to a person to whom Section
44	44	552.1175 applies.]
45	45	SECTION 2. Section 552.117(a), Government Code, is amended
46	46	to read as follows:
47	47	(a) Information is excepted from the requirements of
48	48	Section 552.021 if it is information that relates to the home
49	49	address, home telephone number, or social security number of the
50	50	following person or that reveals whether the person has family
51	51	members:
52	52	(1) [a current or former official or employee of a
53	53	governmental body, except as otherwise provided by Section 552.024;
54	54	[(2)] a peace officer as defined by Article 2.12, Code
55	55	of Criminal Procedure, or a security officer commissioned under
56	56	Section 51.212, Education Code, regardless of whether the officer
57	57	complies with Section [552.024 or] 552.1175[, as applicable];
58	58	(2) [(3)] a current or former employee of the Texas
59	59	Department of Criminal Justice or of the predecessor in function of
60	60	the department or any division of the department, regardless of
61	61	whether the current or former employee complies with Section
62	62	552.1175;
63	63	(3) [(4)] a peace officer as defined by Article 2.12,
64	64	Code of Criminal Procedure, or other law, a reserve law enforcement
65	65	officer, a commissioned deputy game warden, or a corrections
66	66	officer in a municipal, county, or state penal institution in this
67	67	state who was killed in the line of duty, regardless of whether the
68	68	deceased complied with Section [552.024 or] 552.1175;
69	69	(4) [(5)] a commissioned security officer as defined
70	70	by Section 1702.002, Occupations Code, regardless of whether the
71	71	officer complies with Section [552.024 or] 552.1175[, as
72	72	applicable]; or
73	73	(5) [(6)] an officer or employee of a community
74	74	supervision and corrections department established under Chapter
75	75	76 who performs a duty described by Section 76.004(b), regardless
76	76	of whether the officer or employee complies with Section [552.024
77	77	or] 552.1175.
78	78	SECTION 3. Section 552.138(b), Government Code, is amended
79	79	to read as follows:
80	80	(b) Information maintained by a family violence shelter
81	81	center or sexual assault program is excepted from the requirements
82	82	of Section 552.021 if it is information that relates to:
83	83	(1) the home address, home telephone number, or social
84	84	security number of an employee or a volunteer worker of a family
85	85	violence shelter center or a sexual assault program[, regardless of
86	86	whether the employee or worker complies with Section 552.024];
87	87	(2) the location or physical layout of a family
88	88	violence shelter center;
89	89	(3) the name, home address, home telephone number, or
90	90	numeric identifier of a current or former client of a family
91	91	violence shelter center or sexual assault program;
92	92	(4) the provision of services, including counseling
93	93	and sheltering, to a current or former client of a family violence
94	94	shelter center or sexual assault program;
95	95	(5) the name, home address, or home telephone number
96	96	of a private donor to a family violence shelter center or sexual
97	97	assault program; or
98	98	(6) the home address or home telephone number of a
99	99	member of the board of directors or the board of trustees of a
100	100	family violence shelter center or sexual assault program[,
101	101	regardless of whether the board member complies with Section
102	102	552.024].
103	103	SECTION 4. Subchapter C, Chapter 552, Government Code, is
104	104	amended by adding Section 552.150 to read as follows:
105	105	Sec. 552.150. EXCEPTION: INFORMATION THAT COULD COMPROMISE
106	106	SAFETY OF PUBLIC OFFICER OR EMPLOYEE. (a) Information in the
107	107	custody of a governmental body that relates to an employee or
108	108	officer of the governmental body is excepted from the requirements
109	109	of Section 552.021 if:
110	110	(1) it is information that, if disclosed under the
111	111	specific circumstances pertaining to the individual, could
112	112	reasonably be expected to compromise the safety of the individual,
113	113	such as information that describes or depicts the likeness of the
114	114	individual, information stating the times that the individual
115	115	arrives at or departs from work, a description of the individual's
116	116	automobile, or the location where the individual works or parks;
117	117	(2) the employee or officer applies in writing to the
118	118	governmental body's officer for public information to have the
119	119	information withheld from public disclosure under this section and
120	120	includes in the application:
121	121	(A) a description of the information; and
122	122	(B) the specific circumstances pertaining to the
123	123	individual that demonstrate why disclosure of the information could
124	124	reasonably be expected to compromise the safety of the individual;
125	125	and
126	126	(3) the officer for public information determines that
127	127	under the specific circumstances pertaining to the individual,
128	128	disclosure of the information could reasonably be expected to
129	129	compromise the safety of the individual.
130	130	(b) The officer for public information shall endorse on the
131	131	application the officer's approval of the request in a manner that
132	132	indicates the information that may be withheld under this section.
133	133	SECTION 5. The changes in law made by this Act apply in
134	134	relation to a request for information made under Chapter 552,
135	135	Government Code, before, on, or after the effective date of this
136	136	Act.
137	137	SECTION 6. This Act takes effect immediately if it receives
138	138	a vote of two-thirds of all the members elected to each house, as
139	139	provided by Section 39, Article III, Texas Constitution. If this
140	140	Act does not receive the vote necessary for immediate effect, this
141	141	Act takes effect September 1, 2009.