By: Merritt H.B. No. 4037
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of information related to certified
handgun instructors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.192, Government Code, is amended to
read as follows:
Sec. 411.192. CONFIDENTIALITY OF RECORDS. (a) The
department shall disclose to a criminal justice agency information
contained in its files and records regarding whether a named
individual or any individual named in a specified list is licensed
under this subchapter. Information on an individual subject to
disclosure under this section includes the individual's name, date
of birth, gender, race, [and] zip code, phone number, and e-mail and
website address. Except as otherwise provided by this section and
by Section 411.193, all other records maintained under this
subchapter are confidential and are not subject to mandatory
disclosure under the open records law, Chapter 552.
(b) An applicant or license holder may be furnished a copy
of disclosable records regarding the applicant or license holder on
request and the payment of a reasonable fee.
(c) The department shall notify a license holder of any
request that is made for information relating to the license holder
under this section and provide the name of the agency making the
request.
(d) The [This section does not prohibit the] department
shall make and distribute [from making public and distributing] to
the public at no cost lists of individuals who are certified as
qualified handgun instructors by the department. This list of
certified handgun instructors shall include the individual's name,
phone number, e-mail, and website and be made available on the
department's website on or before June 1, 2010.
(e) If an individual whose information is subject to
disclosure under Subsection (d) submits a written request to the
department that all or part of his or her information not be made
available to the public, the department shall remove that
individual's information from the list, in all or part, as
requested.
SECTION 2. EFFECTIVE DATE. 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.