Texas 2009 - 81st Regular

Texas House Bill HB4207 Compare Versions

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Old	New	Differences
1	1	81R24755 ACP-F
2	2	By: Giddings H.B. No. 4207
3	3	Substitute the following for H.B. No. 4207:
4	4	By: Solomons C.S.H.B. No. 4207
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the disclosure of personally identifiable information
10	10	under the public information law.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 552, Government Code, is
13	13	amended by adding Section 552.150 to read as follows:
14	14	Sec. 552.150. EXCEPTION: DATES OF BIRTH OF EMPLOYEES OF
15	15	GOVERNMENTAL BODIES. (a) The date of birth, excluding the month
16	16	and year, of a current or former official or employee of a
17	17	governmental body that is collected or maintained in a governmental
18	18	body's personnel, payroll, or employment records is excepted from
19	19	the requirements of Section 552.021.
20	20	(b) A governmental body may redact the date of birth,
21	21	excluding the month and year, of a current or former official or
22	22	employee of a governmental body from any information collected or
23	23	maintained in a governmental body's personnel, payroll, or
24	24	employment records that the governmental body discloses under
25	25	Section 552.021 without the necessity of requesting a decision from
26	26	the attorney general under Subchapter G.
27	27	SECTION 2. Chapter 552, Government Code, is amended by
28	28	adding Subchapter J to read as follows:
29	29	SUBCHAPTER J. PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY
30	30	STATE GOVERNMENTAL BODIES
31	31	Sec. 552.371. DEFINITIONS. In this subchapter:
32	32	(1) "Personally identifiable information" includes
33	33	any information about an individual collected by a state
34	34	governmental body that may be used to distinguish or track the
35	35	individual's identity or that may be linked to the individual, such
36	36	as the individual's:
37	37	(A) name;
38	38	(B) social security number;
39	39	(C) date of birth;
40	40	(D) location of birth;
41	41	(E) mother's maiden name;
42	42	(F) biometric records;
43	43	(G) medical information;
44	44	(H) educational information;
45	45	(I) financial information; and
46	46	(J) employment information.
47	47	(2) "State governmental body" means a governmental
48	48	body that is part of state government.
49	49	Sec. 552.372. STUDY OF PERSONALLY IDENTIFIABLE INFORMATION
50	50	COLLECTED BY STATE GOVERNMENTAL BODIES. (a) The comptroller shall
51	51	perform an analysis of the amount and types of personally
52	52	identifiable information collected by each state governmental
53	53	body.
54	54	(b) A state governmental body, by providing public
55	55	information that is confidential or otherwise excepted from
56	56	required disclosure under law to the comptroller to perform the
57	57	analysis required by this section, does not waive or affect the
58	58	confidentiality of the information for purposes of state or federal
59	59	law or waive the right to assert exceptions to required disclosure
60	60	of the information in the future.
61	61	(c) Except as provided by Section 552.374, the comptroller
62	62	and a task force established under this subchapter may not disclose
63	63	to a requestor or the public any information submitted to the
64	64	comptroller under this section.
65	65	Sec. 552.373. TASK FORCE. (a) The comptroller may
66	66	establish a task force to assist and advise the comptroller in
67	67	performing the analysis required by Section 552.372.
68	68	(b) The comptroller may adopt a plan of operation for the
69	69	task force. The plan must include qualifications for the members of
70	70	the task force.
71	71	(c) The comptroller may appoint as many members to the task
72	72	force as the comptroller determines are necessary. In making
73	73	appointments to the task force the comptroller may consider any
74	74	appropriate factor, including a person's expertise. A task force
75	75	must include:
76	76	(1) a member from the judiciary;
77	77	(2) a member from the Department of Information
78	78	Resources;
79	79	(3) a member from the Department of Public Safety of
80	80	the State of Texas;
81	81	(4) a member from the Health and Human Services
82	82	Commission;
83	83	(5) a member employed by an institution of higher
84	84	education;
85	85	(6) a member employed by a financial institution; and
86	86	(7) a member employed by an information services
87	87	company.
88	88	(d) Two or more members of the task force may not be
89	89	employees or officers of the same company or organization.
90	90	(e) A person may not be a public member of the task force if
91	91	the person is:
92	92	(1) required to register as a lobbyist under Chapter
93	93	305; or
94	94	(2) related to a person required to register as a
95	95	lobbyist under Chapter 305 within the second degree of affinity or
96	96	consanguinity.
97	97	(f) Members of the task force may not receive compensation
98	98	from the state for service on the task force.
99	99	Sec. 552.374. REPORT TO LEGISLATURE. (a) Not later than
100	100	December 1, 2010, the comptroller shall file a report with the
101	101	presiding officer of each house of the legislature that identifies
102	102	the personally identifiable information collected by each state
103	103	governmental body.
104	104	(b) The report must contain the comptroller's
105	105	recommendations for legislation regarding personally identifiable
106	106	information collected by a state governmental body, including
107	107	recommendations on:
108	108	(1) whether each state governmental body should
109	109	continue to collect or maintain personally identifiable
110	110	information;
111	111	(2) whether to amend the public information law to
112	112	further limit the types of personally identifiable information that
113	113	may be withheld from disclosure; and
114	114	(3) the effect of the recommendations made under this
115	115	section.
116	116	Sec. 552.375. EXPIRATION. This subchapter expires
117	117	September 1, 2011.
118	118	SECTION 3. Section 552.150, Government Code, as added by
119	119	this Act, applies only to a request for information that is received
120	120	by a governmental body or an officer for public information on or
121	121	after the effective date of this Act. A request for information
122	122	that was received before the effective date of this Act is governed
123	123	by the law in effect on the date the request was received, and the
124	124	former law is continued in effect for that purpose.
125	125	SECTION 4. This Act takes effect September 1, 2009.