Texas 2009 - 81st Regular

Texas House Bill HR2880 Compare Versions

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1	1	H.R. No. 2880
2	2
3	3
4	4	R E S O L U T I O N
5	5	BE IT RESOLVED by the House of Representatives of the State of
6	6	Texas, 81st Legislature, Regular Session, 2009, That House Rule 13,
7	7	Section 9(a), be suspended in part as provided by House Rule 13,
8	8	Section 9(f), to enable the conference committee appointed to
9	9	resolve the differences on Senate Bill 1182 (public information and
10	10	open government) to consider and take action on the following
11	11	matter:
12	12	House Rule 13, Sections 9(a)(3) and (4), are suspended to
13	13	permit the committee to add SECTIONS 4 and 13 to the bill:
14	14	SECTION 4. Subchapter C, Chapter 552, Government Code, is
15	15	amended by adding Section 552.151 to read as follows:
16	16	Sec. 552.151. EXCEPTION: INFORMATION REGARDING SELECT
17	17	AGENTS. (a) The following information that pertains to a
18	18	biological agent or toxin identified or listed as a select agent
19	19	under federal law, including under the Public Health Security and
20	20	Bioterrorism Preparedness and Response Act of 2002 (Pub. L. No.
21	21	107-188) and regulations adopted under that Act, is excepted from
22	22	the requirements of Section 552.021:
23	23	(1) the specific location of a select agent within an
24	24	approved facility;
25	25	(2) personal identifying information of an individual
26	26	whose name appears in documentation relating to the chain of
27	27	custody of select agents, including a materials transfer agreement;
28	28	and
29	29	(3) the identity of an individual authorized to
30	30	possess, use, or access a select agent.
31	31	(b) This section does not except from disclosure the
32	32	identity of the select agents present at a facility.
33	33	(c) This section does not except from disclosure the
34	34	identity of an individual faculty member or employee whose name
35	35	appears or will appear on published research.
36	36	(d) This section does not except from disclosure otherwise
37	37	public information relating to contracts of a governmental body.
38	38	(e) If a resident of another state is present in Texas and is
39	39	authorized to possess, use, or access a select agent in conducting
40	40	research or other work at a Texas facility, information relating to
41	41	the identity of that individual is subject to disclosure under this
42	42	chapter only to the extent the information would be subject to
43	43	disclosure under the laws of the state of which the person is a
44	44	resident.
45	45	SECTION 13. Section 552.151, Government Code, as added by
46	46	this Act, applies in relation to:
47	47	(1) a request for public information under Chapter
48	48	552, Government Code, made before, on, or after the effective date
49	49	of this Act; and
50	50	(2) information that on the effective date of this Act
51	51	has not yet been disclosed that:
52	52	(A) was the subject of a request for information
53	53	made before the effective date of this Act; and
54	54	(B) the attorney general determined before the
55	55	effective date of this Act to be subject to disclosure under Chapter
56	56	552, Government Code.
57	57	Explanation: This addition is necessary to amend the Texas
58	58	public information law to track federal law by making information
59	59	pertaining to certain biological agents and toxins confidential.
60	60	Ortiz, Jr.
61	61	______________________________
62	62	Speaker of the House
63	63	I certify that H.R. No. 2880 was adopted by the House on May
64	64	30, 2009, by the following vote: Yeas 142, Nays 0, 2 present, not
65	65	voting.
66	66	______________________________
67	67	Chief Clerk of the House