Texas 2009 - 81st Regular

Texas Senate Bill SB331 Compare Versions

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1	1	By: Carona S.B. No. 331
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to access to certain information under the public
7	7	information law concerning public officers and employees.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 552.008, Government Code, is amended by
10	10	adding Subsections (b-1) and (b-2) to read as follows:
11	11	(b-1) A member, committee, or agency of the legislature
12	12	required by a governmental body to sign a confidentiality agreement
13	13	under Subsection (b) may seek a decision as provided by Subsection
14	14	(b-2) about whether the information covered by the confidentiality
15	15	agreement is confidential under law. A confidentiality agreement
16	16	signed under Subsection (b) is void to the extent that the agreement
17	17	covers information that is finally determined under Subsection
18	18	(b-2) to not be confidential under law.
19	19	(b-2) The member, committee, or agency of the legislature
20	20	may seek a decision from the attorney general about the matter. The
21	21	attorney general by rule shall establish procedures and deadlines
22	22	for receiving information necessary to decide the matter and briefs
23	23	from the requestor, the governmental body, and any other interested
24	24	person. The attorney general shall promptly render a decision
25	25	requested under this subsection, determining whether the
26	26	information covered by the confidentiality agreement is
27	27	confidential under law, not later than the 45th business day after
28	28	the date the attorney general received the request for a decision
29	29	under this subsection. The attorney general shall issue a written
30	30	decision on the matter and provide a copy of the decision to the
31	31	requestor, the governmental body, and any interested person who
32	32	submitted necessary information or a brief to the attorney general
33	33	about the matter. The requestor or the governmental body may appeal
34	34	a decision of the attorney general under this subsection to a Travis
35	35	County district court. A person may appeal a decision of the
36	36	attorney general under this subsection to a Travis County district
37	37	court if the person claims a proprietary interest in the
38	38	information affected by the decision or a privacy interest in the
39	39	information that a confidentiality law or judicial decision is
40	40	designed to protect.
41	41	SECTION 2. Section 552.024, Government Code, is amended to
42	42	read as follows:
43	43	Sec. 552.024. PERSONAL INFORMATION OF EMPLOYEES AND
44	44	OFFICIALS [ELECTING TO DISCLOSE ADDRESS AND TELEPHONE NUMBER].
45	45	(a) Information [Each employee or official of a governmental body
46	46	and each former employee or official of a governmental body shall
47	47	choose whether to allow public access to the information] in the
48	48	custody of a [the] governmental body that relates to the [person's]
49	49	home address, home telephone number, or social security number of
50	50	an employee or official of the governmental body or of a former
51	51	employee or official of the governmental body, or that reveals
52	52	whether the person has family members, is excepted from the
53	53	requirements of Section 552.021.
54	54	(b) [Each employee and official and each former employee and
55	55	official shall state that person's choice under Subsection (a) to
56	56	the main personnel officer of the governmental body in a signed
57	57	writing not later than the 14th day after the date on which:
58	58	[(1) the employee begins employment with the
59	59	governmental body;
60	60	[(2) the official is elected or appointed; or
61	61	[(3) the former employee or official ends service with
62	62	the governmental body.
63	63	[(c) If the employee or official or former employee or
64	64	official chooses not to allow public access to the information, the
65	65	information is protected under Subchapter C.
66	66	[(d) If an employee or official or a former employee or
67	67	official fails to state the person's choice within the period
68	68	established by this section, the information is subject to public
69	69	access.
70	70	[(e)] An employee or official or former employee or official
71	71	of a governmental body who wishes to [close or] open public access
72	72	to the information may request in writing that the main personnel
73	73	officer of the governmental body [close or] open access.
74	74	[(f) This section does not apply to a person to whom Section
75	75	552.1175 applies.]
76	76	SECTION 3. Subsection (a), Section 552.117, Government
77	77	Code, is amended to read as follows:
78	78	(a) Information is excepted from the requirements of
79	79	Section 552.021 if it is information that relates to the home
80	80	address, home telephone number, or social security number of the
81	81	following person or that reveals whether the person has family
82	82	members:
83	83	(1) [a current or former official or employee of a
84	84	governmental body, except as otherwise provided by Section 552.024;
85	85	[(2)] a peace officer as defined by Article 2.12, Code
86	86	of Criminal Procedure, or a security officer commissioned under
87	87	Section 51.212, Education Code, regardless of whether the officer
88	88	complies with Section [552.024 or] 552.1175[, as applicable];
89	89	(2) [(3)] a current or former employee of the Texas
90	90	Department of Criminal Justice or of the predecessor in function of
91	91	the department or any division of the department, regardless of
92	92	whether the current or former employee complies with Section
93	93	552.1175;
94	94	(3) [(4)] a peace officer as defined by Article 2.12,
95	95	Code of Criminal Procedure, or other law, a reserve law enforcement
96	96	officer, a commissioned deputy game warden, or a corrections
97	97	officer in a municipal, county, or state penal institution in this
98	98	state who was killed in the line of duty, regardless of whether the
99	99	deceased complied with Section [552.024 or] 552.1175;
100	100	(4) [(5)] a commissioned security officer as defined
101	101	by Section 1702.002, Occupations Code, regardless of whether the
102	102	officer complies with Section [552.024 or] 552.1175[, as
103	103	applicable]; or
104	104	(5) [(6)] an officer or employee of a community
105	105	supervision and corrections department established under Chapter
106	106	76 who performs a duty described by Section 76.004(b), regardless
107	107	of whether the officer or employee complies with Section [552.024
108	108	or] 552.1175.
109	109	SECTION 4. Section 552.138, Government Code, is amended to
110	110	read as follows:
111	111	Sec. 552.138. EXCEPTION: FAMILY VIOLENCE [SHELTER] CENTER
112	112	AND SEXUAL ASSAULT PROGRAM INFORMATION. (a) In this section:
113	113	(1) "Family violence [shelter] center" has the meaning
114	114	assigned by Section 51.002, Human Resources Code.
115	115	(2) "Sexual assault program" has the meaning assigned
116	116	by Section 420.003.
117	117	(b) Information maintained by a family violence [shelter]
118	118	center or sexual assault program is excepted from the requirements
119	119	of Section 552.021 if it is information that relates to:
120	120	(1) the home address, home telephone number, or social
121	121	security number of an employee or a volunteer worker of a family
122	122	violence [shelter] center or a sexual assault program[, regardless
123	123	of whether the employee or worker complies with Section 552.024];
124	124	(2) the location or physical layout of a family
125	125	violence [shelter] center;
126	126	(3) the name, home address, home telephone number, or
127	127	numeric identifier of a current or former client of a family
128	128	violence [shelter] center or sexual assault program;
129	129	(4) the provision of services, including counseling
130	130	and sheltering, to a current or former client of a family violence
131	131	[shelter] center or sexual assault program;
132	132	(5) the name, home address, or home telephone number
133	133	of a private donor to a family violence [shelter] center or sexual
134	134	assault program; or
135	135	(6) the home address or home telephone number of a
136	136	member of the board of directors or the board of trustees of a
137	137	family violence [shelter] center or sexual assault program[,
138	138	regardless of whether the board member complies with Section
139	139	552.024].
140	140	SECTION 5. Subchapter C, Chapter 552, Government Code, is
141	141	amended by adding Section 552.150 to read as follows:
142	142	Sec. 552.150. EXCEPTION: INFORMATION THAT COULD COMPROMISE
143	143	SAFETY OF PUBLIC OFFICER OR EMPLOYEE. (a) Information in the
144	144	custody of a governmental body that relates to an employee or
145	145	officer of the governmental body is excepted from the requirements
146	146	of Section 552.021 if:
147	147	(1) it is information that, if disclosed under the
148	148	specific circumstances pertaining to the individual, could
149	149	reasonably be expected to compromise the safety of the individual,
150	150	such as information that describes or depicts the likeness of the
151	151	individual, information stating the times that the individual
152	152	arrives at or departs from work, a description of the individual's
153	153	automobile, or the location where the individual works or parks;
154	154	and
155	155	(2) the employee or officer applies in writing to the
156	156	governmental body's officer for public information to have the
157	157	information withheld from public disclosure under this section and
158	158	includes in the application:
159	159	(A) a description of the information; and
160	160	(B) the specific circumstances pertaining to the
161	161	individual that demonstrate why disclosure of the information could
162	162	reasonably be expected to compromise the safety of the individual.
163	163	(b) On receiving a written request for information
164	164	described in an application submitted under Subsection (a)(2), the
165	165	officer for public information shall:
166	166	(1) request a decision from the attorney general in
167	167	accordance with Section 552.301 regarding withholding the
168	168	information; and
169	169	(2) include a copy of the application submitted under
170	170	Subsection (a)(2) with the request for the decision.
171	171	(c) It is presumed that disclosure of information that
172	172	pertains to a biological agent or toxin identified or listed as a
173	173	select agent under federal law and to which access is restricted
174	174	under federal law would compromise the safety of an individual
175	175	authorized to possess, use, or access the information.
176	176	(d) This section expires September 1, 2013.
177	177	SECTION 6. The changes in law made by this Act apply in
178	178	relation to a request for information made under Chapter 552,
179	179	Government Code, before, on, or after the effective date of the
180	180	relevant provisions of this Act.
181	181	SECTION 7. Subsections (b-1) and (b-2), Section 552.008,
182	182	Government Code, as added by this Act, take effect September 1,
183	183	2010.
184	184	SECTION 8. Except as otherwise provided by this Act, this
185	185	Act takes effect immediately if it receives a vote of two-thirds of
186	186	all the members elected to each house, as provided by Section 39,
187	187	Article III, Texas Constitution. If this Act does not receive the
188	188	vote necessary for immediate effect, then except as otherwise
189	189	provided by this Act, this Act takes effect September 1, 2009.