Texas 2009 - 81st Regular

Texas Senate Bill SB1912 Compare Versions

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1	1	By: Duncan S.B. No. 1912
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the disclosure of personally identifiable information
7	7	under the public information law.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 552, Government Code, is amended by
10	10	adding Subchapter J to read as follows:
11	11	SUBCHAPTER J. PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY
12	12	STATE GOVERNMENTAL BODIES
13	13	Sec. 552.371. DEFINITIONS. In this subchapter:
14	14	(1) "Personally identifiable information" includes
15	15	any information about an individual collected by a state
16	16	governmental body that may be used to distinguish or track the
17	17	individual's identity or that may be linked to the individual, such
18	18	as the individual's:
19	19	(A) name;
20	20	(B) social security number;
21	21	(C) date of birth;
22	22	(D) location of birth;
23	23	(E) mother's maiden name;
24	24	(F) biometric records;
25	25	(G) medical information;
26	26	(H) educational information;
27	27	(I) financial information; and
28	28	(J) employment information.
29	29	(2) "State governmental body" means a governmental
30	30	body that is part of state government.
31	31	Sec. 552.372. STUDY OF PERSONALLY IDENTIFIABLE INFORMATION
32	32	COLLECTED BY STATE GOVERNMENTAL BODIES. (a) The comptroller shall
33	33	perform an analysis of the amount and types of personally
34	34	identifiable information collected by each state governmental
35	35	body. The analysis must include a study of the disclosure and sale
36	36	of personally identifiable information under Chapters 521, 522, and
37	37	730, Transportation Code, by the state agencies to which those
38	38	chapters apply.
39	39	(b) A state governmental body, by providing public
40	40	information that is confidential or otherwise excepted from
41	41	required disclosure under law to the comptroller to perform the
42	42	analysis required by this section, does not waive or affect the
43	43	confidentiality of the information for purposes of state or federal
44	44	law or waive the right to assert exceptions to required disclosure
45	45	of the information in the future.
46	46	(c) Except as provided by Section 552.374, the comptroller
47	47	and a task force established under this subchapter may not disclose
48	48	to a requestor or the public any information submitted to the
49	49	comptroller under this section.
50	50	Sec. 552.373. TASK FORCE. (a) The comptroller may
51	51	establish a task force to assist and advise the comptroller in
52	52	performing the analysis required by Section 552.372.
53	53	(b) The comptroller may adopt a plan of operation for the
54	54	task force. The plan must include qualifications for the members of
55	55	the task force.
56	56	(c) The comptroller may appoint as many members to the task
57	57	force as the comptroller determines are necessary. In making
58	58	appointments to the task force the comptroller may consider any
59	59	appropriate factor, including a person's expertise. A task force
60	60	must include:
61	61	(1) a member from the judiciary;
62	62	(2) a member from the Department of Information
63	63	Resources;
64	64	(3) a member from the Department of Public Safety of
65	65	the State of Texas;
66	66	(4) a member from the Health and Human Services
67	67	Commission;
68	68	(5) a member employed by an institution of higher
69	69	education;
70	70	(6) a member employed by a financial institution; and
71	71	(7) a member employed by an information services
72	72	company.
73	73	(d) Two or more members of the task force may not be
74	74	employees or officers of the same company or organization.
75	75	(e) A person may not be a public member of the task force if
76	76	the person is:
77	77	(1) required to register as a lobbyist under Chapter
78	78	305; or
79	79	(2) related to a person required to register as a
80	80	lobbyist under Chapter 305 within the second degree of affinity or
81	81	consanguinity.
82	82	(f) Members of the task force may not receive compensation
83	83	from the state for service on the task force.
84	84	Sec. 552.374. REPORT TO LEGISLATURE. (a) Not later than
85	85	December 1, 2010, the comptroller shall file a report with the
86	86	presiding officer of each house of the legislature that identifies
87	87	the personally identifiable information collected by each state
88	88	governmental body.
89	89	(b) The report must contain the comptroller's
90	90	recommendations for legislation regarding personally identifiable
91	91	information collected by a state governmental body, including
92	92	recommendations on:
93	93	(1) whether each state governmental body should
94	94	continue to collect or maintain personally identifiable
95	95	information;
96	96	(2) whether to amend the public information law to
97	97	further limit the types of personally identifiable information that
98	98	may be withheld from disclosure; and
99	99	(3) the effect of the recommendations made under this
100	100	section.
101	101	Sec. 552.375. EXPIRATION. This subchapter expires
102	102	September 1, 2011.
103	103	SECTION 2. This Act takes effect September 1, 2009.