Texas 2009 - 81st Regular

Texas Senate Bill SB280 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R557 JD-D
2	2	By: Nelson S.B. No. 280
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the exception from required public disclosure of
8	8	certain personal information of public employees and public
9	9	officials.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 552.024, Government Code, is amended to
12	12	read as follows:
13	13	Sec. 552.024. PERSONAL INFORMATION OF EMPLOYEES AND
14	14	OFFICIALS [ELECTING TO DISCLOSE ADDRESS AND TELEPHONE NUMBER]. (a)
15	15	Information [Each employee or official of a governmental body and
16	16	each former employee or official of a governmental body shall
17	17	choose whether to allow public access to the information] in the
18	18	custody of a [the] governmental body that relates to the [person's]
19	19	home address, home telephone number, date of birth, shift
20	20	assignment, or social security number of an employee, official,
21	21	former employee, or former official of the governmental body, or
22	22	that reveals whether the person has family members,[.
23	23	[(b) Each employee and official and each former employee and
24	24	official shall state that person's choice under Subsection (a) to
25	25	the main personnel officer of the governmental body in a signed
26	26	writing not later than the 14th day after the date on which:
27	27	[(1) the employee begins employment with the
28	28	governmental body;
29	29	[(2) the official is elected or appointed; or
30	30	[(3) the former employee or official ends service with
31	31	the governmental body.
32	32	[(c) If the employee or official or former employee or
33	33	official chooses not to allow public access to the information, the
34	34	information] is excepted from the requirements of Section 552.021
35	35	[protected under Subchapter C.
36	36	[(d) If an employee or official or a former employee or
37	37	official fails to state the person's choice within the period
38	38	established by this section, the information is subject to public
39	39	access].
40	40	(b) [(e)] An employee, [or] official, [or] former employee,
41	41	or former official of a governmental body who wishes to [close or]
42	42	open public access to all or part of the information may request in
43	43	writing that the main personnel officer of the governmental body
44	44	[close or] open access to that information.
45	45	[(f) This section does not apply to a person to whom Section
46	46	552.1175 applies.]
47	47	SECTION 2. Section 552.117(a), Government Code, is amended
48	48	to read as follows:
49	49	(a) Information is excepted from the requirements of
50	50	Section 552.021 if it is information that relates to the home
51	51	address, home telephone number, or social security number of the
52	52	following person or that reveals whether the person has family
53	53	members:
54	54	(1) [a current or former official or employee of a
55	55	governmental body, except as otherwise provided by Section 552.024;
56	56	[(2)] a peace officer as defined by Article 2.12, Code
57	57	of Criminal Procedure, or a security officer commissioned under
58	58	Section 51.212, Education Code, regardless of whether the officer
59	59	complies with Section [552.024 or] 552.1175[, as applicable];
60	60	(2) [(3)] a current or former employee of the Texas
61	61	Department of Criminal Justice or of the predecessor in function of
62	62	the department or any division of the department, regardless of
63	63	whether the current or former employee complies with Section
64	64	552.1175;
65	65	(3) [(4)] a peace officer as defined by Article 2.12,
66	66	Code of Criminal Procedure, or other law, a reserve law enforcement
67	67	officer, a commissioned deputy game warden, or a corrections
68	68	officer in a municipal, county, or state penal institution in this
69	69	state who was killed in the line of duty, regardless of whether the
70	70	deceased complied with Section [552.024 or] 552.1175;
71	71	(4) [(5)] a commissioned security officer as defined
72	72	by Section 1702.002, Occupations Code, regardless of whether the
73	73	officer complies with Section [552.024 or] 552.1175[, as
74	74	applicable]; or
75	75	(5) [(6)] an officer or employee of a community
76	76	supervision and corrections department established under Chapter
77	77	76 who performs a duty described by Section 76.004(b), regardless
78	78	of whether the officer or employee complies with Section [552.024
79	79	or] 552.1175.
80	80	SECTION 3. Section 552.138(b), Government Code, is amended
81	81	to read as follows:
82	82	(b) Information maintained by a family violence shelter
83	83	center or sexual assault program is excepted from the requirements
84	84	of Section 552.021 if it is information that relates to:
85	85	(1) the home address, home telephone number, or social
86	86	security number of an employee or a volunteer worker of a family
87	87	violence shelter center or a sexual assault program[, regardless of
88	88	whether the employee or worker complies with Section 552.024];
89	89	(2) the location or physical layout of a family
90	90	violence shelter center;
91	91	(3) the name, home address, home telephone number, or
92	92	numeric identifier of a current or former client of a family
93	93	violence shelter center or sexual assault program;
94	94	(4) the provision of services, including counseling
95	95	and sheltering, to a current or former client of a family violence
96	96	shelter center or sexual assault program;
97	97	(5) the name, home address, or home telephone number
98	98	of a private donor to a family violence shelter center or sexual
99	99	assault program; or
100	100	(6) the home address or home telephone number of a
101	101	member of the board of directors or the board of trustees of a
102	102	family violence shelter center or sexual assault program[,
103	103	regardless of whether the board member complies with Section
104	104	552.024].
105	105	SECTION 4. (a) Section 552.024, Government Code, as
106	106	amended by this Act, applies only in connection with a request for
107	107	information received by a governmental body on or after the
108	108	effective date of this Act. A request for information received by a
109	109	governmental body before the effective date of this Act is governed
110	110	by the law in effect immediately before the effective date of this
111	111	Act, and the former law is continued in effect for that purpose.
112	112	(b) Section 552.024, Government Code, as amended by this
113	113	Act, applies to personal information prepared or assembled before,
114	114	on, or after the effective date of this Act.
115	115	(c) A public disclosure before the effective date of this
116	116	Act of personal information described by Section 552.024,
117	117	Government Code, does not waive the exception from disclosure
118	118	provided by that section, as amended by this Act.
119	119	SECTION 5. This Act takes effect September 1, 2009.