| 1 | 1 | | 81R852 JRD-D |
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| 2 | 2 | | By: Shapleigh S.B. No. 304 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to information obtained under the public information law |
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| 8 | 8 | | for legislative purposes that indicates a crime has been committed |
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| 9 | 9 | | by a governmental body or a governmental officer or employee. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 552.008, Government Code, is amended by |
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| 12 | 12 | | adding Subsection (d) to read as follows: |
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| 13 | 13 | | (d) Notwithstanding Subsection (b), a governmental body may |
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| 14 | 14 | | not require a requesting entity that receives information under |
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| 15 | 15 | | this section that is confidential under state law or the members or |
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| 16 | 16 | | employees of the requesting entity who will view or handle the |
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| 17 | 17 | | information to sign a confidentiality agreement if the information |
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| 18 | 18 | | indicates or contains evidence that the governmental body or an |
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| 19 | 19 | | officer or employee of the governmental body committed a crime that |
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| 20 | 20 | | has not clearly been detected, investigated, or prosecuted by an |
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| 21 | 21 | | appropriate authority. If a confidentiality agreement is signed |
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| 22 | 22 | | under Subsection (b) and the requesting entity or a member or |
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| 23 | 23 | | employee of the requesting entity who signed the confidentiality |
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| 24 | 24 | | agreement subsequently makes a good faith determination that the |
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| 25 | 25 | | information that is the subject of the confidentiality agreement |
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| 26 | 26 | | indicates or contains evidence that the governmental body from |
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| 27 | 27 | | which the information was obtained or an officer or employee of the |
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| 28 | 28 | | governmental body committed a crime that has not clearly been |
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| 29 | 29 | | detected, investigated, or prosecuted by an appropriate authority, |
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| 30 | 30 | | the confidentiality agreement is void. |
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| 31 | 31 | | SECTION 2. Section 552.352, Government Code, is amended by |
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| 32 | 32 | | adding Subsection (a-3) to read as follows: |
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| 33 | 33 | | (a-3) It is an exception to the application of Subsection |
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| 34 | 34 | | (a-1) that the officer or employee of a governmental body who |
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| 35 | 35 | | obtained access to confidential information under Section 552.008 |
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| 36 | 36 | | determined in good faith that the information indicated or |
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| 37 | 37 | | contained evidence that the governmental body from which the |
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| 38 | 38 | | information was obtained or an officer or employee of that |
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| 39 | 39 | | governmental body committed a crime that has not clearly been |
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| 40 | 40 | | detected, investigated, or prosecuted by an appropriate authority. |
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| 41 | 41 | | SECTION 3. Sections 552.008(d) and 552.352(a-3), |
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| 42 | 42 | | Government Code, as added by this Act, apply in relation to |
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| 43 | 43 | | information received under Section 552.008, Government Code, |
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| 44 | 44 | | before, on, or after the effective date of this Act. |
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| 45 | 45 | | SECTION 4. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2009. |
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