81R24755 ACP-F
By: Giddings H.B. No. 4207
Substitute the following for H.B. No. 4207:
By: Solomons C.S.H.B. No. 4207
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of personally identifiable information
under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.150 to read as follows:
Sec. 552.150. EXCEPTION: DATES OF BIRTH OF EMPLOYEES OF
GOVERNMENTAL BODIES. (a) The date of birth, excluding the month
and year, of a current or former official or employee of a
governmental body that is collected or maintained in a governmental
body's personnel, payroll, or employment records is excepted from
the requirements of Section 552.021.
(b) A governmental body may redact the date of birth,
excluding the month and year, of a current or former official or
employee of a governmental body from any information collected or
maintained in a governmental body's personnel, payroll, or
employment records that the governmental body discloses under
Section 552.021 without the necessity of requesting a decision from
the attorney general under Subchapter G.
SECTION 2. Chapter 552, Government Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY
STATE GOVERNMENTAL BODIES
Sec. 552.371. DEFINITIONS. In this subchapter:
(1) "Personally identifiable information" includes
any information about an individual collected by a state
governmental body that may be used to distinguish or track the
individual's identity or that may be linked to the individual, such
as the individual's:
(A) name;
(B) social security number;
(C) date of birth;
(D) location of birth;
(E) mother's maiden name;
(F) biometric records;
(G) medical information;
(H) educational information;
(I) financial information; and
(J) employment information.
(2) "State governmental body" means a governmental
body that is part of state government.
Sec. 552.372. STUDY OF PERSONALLY IDENTIFIABLE INFORMATION
COLLECTED BY STATE GOVERNMENTAL BODIES. (a) The comptroller shall
perform an analysis of the amount and types of personally
identifiable information collected by each state governmental
body.
(b) A state governmental body, by providing public
information that is confidential or otherwise excepted from
required disclosure under law to the comptroller to perform the
analysis required by this section, does not waive or affect the
confidentiality of the information for purposes of state or federal
law or waive the right to assert exceptions to required disclosure
of the information in the future.
(c) Except as provided by Section 552.374, the comptroller
and a task force established under this subchapter may not disclose
to a requestor or the public any information submitted to the
comptroller under this section.
Sec. 552.373. TASK FORCE. (a) The comptroller may
establish a task force to assist and advise the comptroller in
performing the analysis required by Section 552.372.
(b) The comptroller may adopt a plan of operation for the
task force. The plan must include qualifications for the members of
the task force.
(c) The comptroller may appoint as many members to the task
force as the comptroller determines are necessary. In making
appointments to the task force the comptroller may consider any
appropriate factor, including a person's expertise. A task force
must include:
(1) a member from the judiciary;
(2) a member from the Department of Information
Resources;
(3) a member from the Department of Public Safety of
the State of Texas;
(4) a member from the Health and Human Services
Commission;
(5) a member employed by an institution of higher
education;
(6) a member employed by a financial institution; and
(7) a member employed by an information services
company.
(d) Two or more members of the task force may not be
employees or officers of the same company or organization.
(e) A person may not be a public member of the task force if
the person is:
(1) required to register as a lobbyist under Chapter
305; or
(2) related to a person required to register as a
lobbyist under Chapter 305 within the second degree of affinity or
consanguinity.
(f) Members of the task force may not receive compensation
from the state for service on the task force.
Sec. 552.374. REPORT TO LEGISLATURE. (a) Not later than
December 1, 2010, the comptroller shall file a report with the
presiding officer of each house of the legislature that identifies
the personally identifiable information collected by each state
governmental body.
(b) The report must contain the comptroller's
recommendations for legislation regarding personally identifiable
information collected by a state governmental body, including
recommendations on:
(1) whether each state governmental body should
continue to collect or maintain personally identifiable
information;
(2) whether to amend the public information law to
further limit the types of personally identifiable information that
may be withheld from disclosure; and
(3) the effect of the recommendations made under this
section.
Sec. 552.375. EXPIRATION. This subchapter expires
September 1, 2011.
SECTION 3. Section 552.150, Government Code, as added by
this Act, applies only to a request for information that is received
by a governmental body or an officer for public information on or
after the effective date of this Act. A request for information
that was received before the effective date of this Act is governed
by the law in effect on the date the request was received, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.