81R557 JD-D
By: Nelson S.B. No. 280
A BILL TO BE ENTITLED
AN ACT
relating to the exception from required public disclosure of
certain personal information of public employees and public
officials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.024, Government Code, is amended to
read as follows:
Sec. 552.024. PERSONAL INFORMATION OF EMPLOYEES AND
OFFICIALS [ELECTING TO DISCLOSE ADDRESS AND TELEPHONE NUMBER]. (a)
Information [Each employee or official of a governmental body and
each former employee or official of a governmental body shall
choose whether to allow public access to the information] in the
custody of a [the] governmental body that relates to the [person's]
home address, home telephone number, date of birth, shift
assignment, or social security number of an employee, official,
former employee, or former official of the governmental body, or
that reveals whether the person has family members,[.
[(b) Each employee and official and each former employee and
official shall state that person's choice under Subsection (a) to
the main personnel officer of the governmental body in a signed
writing not later than the 14th day after the date on which:
[(1) the employee begins employment with the
governmental body;
[(2) the official is elected or appointed; or
[(3) the former employee or official ends service with
the governmental body.
[(c) If the employee or official or former employee or
official chooses not to allow public access to the information, the
information] is excepted from the requirements of Section 552.021
[protected under Subchapter C.
[(d) If an employee or official or a former employee or
official fails to state the person's choice within the period
established by this section, the information is subject to public
access].
(b) [(e)] An employee, [or] official, [or] former employee,
or former official of a governmental body who wishes to [close or]
open public access to all or part of the information may request in
writing that the main personnel officer of the governmental body
[close or] open access to that information.
[(f) This section does not apply to a person to whom Section
552.1175 applies.]
SECTION 2. Section 552.117(a), Government Code, is amended
to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if it is information that relates to the home
address, home telephone number, or social security number of the
following person or that reveals whether the person has family
members:
(1) [a current or former official or employee of a
governmental body, except as otherwise provided by Section 552.024;
[(2)] a peace officer as defined by Article 2.12, Code
of Criminal Procedure, or a security officer commissioned under
Section 51.212, Education Code, regardless of whether the officer
complies with Section [552.024 or] 552.1175[, as applicable];
(2) [(3)] a current or former employee of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department, regardless of
whether the current or former employee complies with Section
552.1175;
(3) [(4)] a peace officer as defined by Article 2.12,
Code of Criminal Procedure, or other law, a reserve law enforcement
officer, a commissioned deputy game warden, or a corrections
officer in a municipal, county, or state penal institution in this
state who was killed in the line of duty, regardless of whether the
deceased complied with Section [552.024 or] 552.1175;
(4) [(5)] a commissioned security officer as defined
by Section 1702.002, Occupations Code, regardless of whether the
officer complies with Section [552.024 or] 552.1175[, as
applicable]; or
(5) [(6)] an officer or employee of a community
supervision and corrections department established under Chapter
76 who performs a duty described by Section 76.004(b), regardless
of whether the officer or employee complies with Section [552.024
or] 552.1175.
SECTION 3. Section 552.138(b), Government Code, is amended
to read as follows:
(b) Information maintained by a family violence shelter
center or sexual assault program is excepted from the requirements
of Section 552.021 if it is information that relates to:
(1) the home address, home telephone number, or social
security number of an employee or a volunteer worker of a family
violence shelter center or a sexual assault program[, regardless of
whether the employee or worker complies with Section 552.024];
(2) the location or physical layout of a family
violence shelter center;
(3) the name, home address, home telephone number, or
numeric identifier of a current or former client of a family
violence shelter center or sexual assault program;
(4) the provision of services, including counseling
and sheltering, to a current or former client of a family violence
shelter center or sexual assault program;
(5) the name, home address, or home telephone number
of a private donor to a family violence shelter center or sexual
assault program; or
(6) the home address or home telephone number of a
member of the board of directors or the board of trustees of a
family violence shelter center or sexual assault program[,
regardless of whether the board member complies with Section
552.024].
SECTION 4. (a) Section 552.024, Government Code, as
amended by this Act, applies only in connection with a request for
information received by a governmental body on or after the
effective date of this Act. A request for information received by a
governmental body before the effective date of this Act is governed
by the law in effect immediately before the effective date of this
Act, and the former law is continued in effect for that purpose.
(b) Section 552.024, Government Code, as amended by this
Act, applies to personal information prepared or assembled before,
on, or after the effective date of this Act.
(c) A public disclosure before the effective date of this
Act of personal information described by Section 552.024,
Government Code, does not waive the exception from disclosure
provided by that section, as amended by this Act.
SECTION 5. This Act takes effect September 1, 2009.