| 1 | 1 | | By: Merritt H.B. No. 4037 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the confidentiality of information related to certified |
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| 7 | 7 | | handgun instructors. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 411.192, Government Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 411.192. CONFIDENTIALITY OF RECORDS. (a) The |
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| 12 | 12 | | department shall disclose to a criminal justice agency information |
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| 13 | 13 | | contained in its files and records regarding whether a named |
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| 14 | 14 | | individual or any individual named in a specified list is licensed |
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| 15 | 15 | | under this subchapter. Information on an individual subject to |
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| 16 | 16 | | disclosure under this section includes the individual's name, date |
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| 17 | 17 | | of birth, gender, race, [and] zip code, phone number, and e-mail and |
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| 18 | 18 | | website address. Except as otherwise provided by this section and |
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| 19 | 19 | | by Section 411.193, all other records maintained under this |
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| 20 | 20 | | subchapter are confidential and are not subject to mandatory |
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| 21 | 21 | | disclosure under the open records law, Chapter 552. |
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| 22 | 22 | | (b) An applicant or license holder may be furnished a copy |
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| 23 | 23 | | of disclosable records regarding the applicant or license holder on |
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| 24 | 24 | | request and the payment of a reasonable fee. |
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| 25 | 25 | | (c) The department shall notify a license holder of any |
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| 26 | 26 | | request that is made for information relating to the license holder |
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| 27 | 27 | | under this section and provide the name of the agency making the |
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| 28 | 28 | | request. |
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| 29 | 29 | | (d) The [This section does not prohibit the] department |
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| 30 | 30 | | shall make and distribute [from making public and distributing] to |
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| 31 | 31 | | the public at no cost lists of individuals who are certified as |
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| 32 | 32 | | qualified handgun instructors by the department. This list of |
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| 33 | 33 | | certified handgun instructors shall include the individual's name, |
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| 34 | 34 | | phone number, e-mail, and website and be made available on the |
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| 35 | 35 | | department's website on or before June 1, 2010. |
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| 36 | 36 | | (e) If an individual whose information is subject to |
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| 37 | 37 | | disclosure under Subsection (d) submits a written request to the |
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| 38 | 38 | | department that all or part of his or her information not be made |
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| 39 | 39 | | available to the public, the department shall remove that |
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| 40 | 40 | | individual's information from the list, in all or part, as |
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| 41 | 41 | | requested. |
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| 42 | 42 | | SECTION 2. EFFECTIVE DATE. This Act takes effect |
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| 43 | 43 | | immediately if it receives a vote of two-thirds of all the members |
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| 44 | 44 | | elected to each house, as provided by Section 39, Article III, Texas |
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| 45 | 45 | | Constitution. If this Act does not receive the vote necessary for |
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| 46 | 46 | | immediate effect, this Act takes effect September 1, 2009. |
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