By: Carona S.B. No. 331
A BILL TO BE ENTITLED
AN ACT
relating to access to certain information under the public
information law concerning public officers and employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.008, Government Code, is amended by
adding Subsections (b-1) and (b-2) to read as follows:
(b-1) A member, committee, or agency of the legislature
required by a governmental body to sign a confidentiality agreement
under Subsection (b) may seek a decision as provided by Subsection
(b-2) about whether the information covered by the confidentiality
agreement is confidential under law. A confidentiality agreement
signed under Subsection (b) is void to the extent that the agreement
covers information that is finally determined under Subsection
(b-2) to not be confidential under law.
(b-2) The member, committee, or agency of the legislature
may seek a decision from the attorney general about the matter. The
attorney general by rule shall establish procedures and deadlines
for receiving information necessary to decide the matter and briefs
from the requestor, the governmental body, and any other interested
person. The attorney general shall promptly render a decision
requested under this subsection, determining whether the
information covered by the confidentiality agreement is
confidential under law, not later than the 45th business day after
the date the attorney general received the request for a decision
under this subsection. The attorney general shall issue a written
decision on the matter and provide a copy of the decision to the
requestor, the governmental body, and any interested person who
submitted necessary information or a brief to the attorney general
about the matter. The requestor or the governmental body may appeal
a decision of the attorney general under this subsection to a Travis
County district court. A person may appeal a decision of the
attorney general under this subsection to a Travis County district
court if the person claims a proprietary interest in the
information affected by the decision or a privacy interest in the
information that a confidentiality law or judicial decision is
designed to protect.
SECTION 2. 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, or social security number of
an employee or official of the governmental body or of a former
employee or official of the governmental body, or that reveals
whether the person has family members, is excepted from the
requirements of Section 552.021.
(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 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.
[(e)] An employee or official or former employee or official
of a governmental body who wishes to [close or] open public access
to the information may request in writing that the main personnel
officer of the governmental body [close or] open access.
[(f) This section does not apply to a person to whom Section
552.1175 applies.]
SECTION 3. Subsection (a), Section 552.117, 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 4. Section 552.138, Government Code, is amended to
read as follows:
Sec. 552.138. EXCEPTION: FAMILY VIOLENCE [SHELTER] CENTER
AND SEXUAL ASSAULT PROGRAM INFORMATION. (a) In this section:
(1) "Family violence [shelter] center" has the meaning
assigned by Section 51.002, Human Resources Code.
(2) "Sexual assault program" has the meaning assigned
by Section 420.003.
(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 5. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.150 to read as follows:
Sec. 552.150. EXCEPTION: INFORMATION THAT COULD COMPROMISE
SAFETY OF PUBLIC OFFICER OR EMPLOYEE. (a) Information in the
custody of a governmental body that relates to an employee or
officer of the governmental body is excepted from the requirements
of Section 552.021 if:
(1) it is information that, if disclosed under the
specific circumstances pertaining to the individual, could
reasonably be expected to compromise the safety of the individual,
such as information that describes or depicts the likeness of the
individual, information stating the times that the individual
arrives at or departs from work, a description of the individual's
automobile, or the location where the individual works or parks;
and
(2) the employee or officer applies in writing to the
governmental body's officer for public information to have the
information withheld from public disclosure under this section and
includes in the application:
(A) a description of the information; and
(B) the specific circumstances pertaining to the
individual that demonstrate why disclosure of the information could
reasonably be expected to compromise the safety of the individual.
(b) On receiving a written request for information
described in an application submitted under Subsection (a)(2), the
officer for public information shall:
(1) request a decision from the attorney general in
accordance with Section 552.301 regarding withholding the
information; and
(2) include a copy of the application submitted under
Subsection (a)(2) with the request for the decision.
(c) It is presumed that disclosure of information that
pertains to a biological agent or toxin identified or listed as a
select agent under federal law and to which access is restricted
under federal law would compromise the safety of an individual
authorized to possess, use, or access the information.
(d) This section expires September 1, 2013.
SECTION 6. The changes in law made by this Act apply in
relation to a request for information made under Chapter 552,
Government Code, before, on, or after the effective date of the
relevant provisions of this Act.
SECTION 7. Subsections (b-1) and (b-2), Section 552.008,
Government Code, as added by this Act, take effect September 1,
2010.
SECTION 8. Except as otherwise provided by this Act, this
Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the
vote necessary for immediate effect, then except as otherwise
provided by this Act, this Act takes effect September 1, 2009.