| 1 | 1 | | By: Huffman S.B. No. 2556 |
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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 pertaining to |
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| 7 | 7 | | certain biological agents and toxins. |
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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. Subchapter C, Chapter 552, Government Code, is |
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| 10 | 10 | | amended by adding Section 552.151 to read as follows: |
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| 11 | 11 | | Sec. 552.151. EXCEPTION: INFORMATION REGARDING SELECT |
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| 12 | 12 | | AGENTS. Information that pertains to a biological agent or toxin |
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| 13 | 13 | | identified or listed as a select agent under federal law, including |
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| 14 | 14 | | under the Public Health Security and Bioterrorism Preparedness and |
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| 15 | 15 | | Response Act of 2002 (Pub. L. No. 107-188) and regulations adopted |
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| 16 | 16 | | under that Act, is confidential and excepted from the requirements |
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| 17 | 17 | | of Section 552.021, including information pertaining to: |
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| 18 | 18 | | (1) the location of a select agent; |
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| 19 | 19 | | (2) security and safeguard protections; |
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| 20 | 20 | | (3) site-specific or transfer-specific documentation; |
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| 21 | 21 | | or |
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| 22 | 22 | | (4) the identity of an individual authorized to |
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| 23 | 23 | | possess, use, or access a select agent. |
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| 24 | 24 | | SECTION 2. Section 552.151, Government Code, as added by |
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| 25 | 25 | | this Act, applies in relation to: |
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| 26 | 26 | | (1) a request for public information under Chapter |
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| 27 | 27 | | 552, Government Code, made before, on, or after the effective date |
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| 28 | 28 | | of this Act; and |
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| 29 | 29 | | (2) information that on the effective date of this Act |
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| 30 | 30 | | has not yet been disclosed that: |
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| 31 | 31 | | (A) was the subject of a request for information |
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| 32 | 32 | | made before the effective date of this Act; and |
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| 33 | 33 | | (B) the attorney general determined before the |
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| 34 | 34 | | effective date of this Act to be subject to disclosure under Chapter |
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| 35 | 35 | | 552, Government Code. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2009. |
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