81R36944 CS-F
By: Wentworth S.R. No. 1062
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 81st
Legislature, Regular Session, 2009, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on Senate
Bill 1182 (public information and open government) to consider and
take action on the following matter:
Senate Rules 12.03(3) and (4) are suspended to permit the
committee to add SECTIONS 4 and 13 to the bill:
SECTION 4. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.151 to read as follows:
Sec. 552.151. EXCEPTION: INFORMATION REGARDING SELECT
AGENTS. (a) The following information that pertains to a
biological agent or toxin identified or listed as a select agent
under federal law, including under the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (Pub. L. No.
107-188) and regulations adopted under that Act, is excepted from
the requirements of Section 552.021:
(1) the specific location of a select agent within an
approved facility;
(2) personal identifying information of an individual
whose name appears in documentation relating to the chain of
custody of select agents, including a materials transfer agreement;
and
(3) the identity of an individual authorized to
possess, use, or access a select agent.
(b) This section does not except from disclosure the
identity of the select agents present at a facility.
(c) This section does not except from disclosure the
identity of an individual faculty member or employee whose name
appears or will appear on published research.
(d) This section does not except from disclosure otherwise
public information relating to contracts of a governmental body.
(e) If a resident of another state is present in Texas and is
authorized to possess, use, or access a select agent in conducting
research or other work at a Texas facility, information relating to
the identity of that individual is subject to disclosure under this
chapter only to the extent the information would be subject to
disclosure under the laws of the state of which the person is a
resident.
SECTION 13. Section 552.151, Government Code, as added by
this Act, applies in relation to:
(1) a request for public information under Chapter
552, Government Code, made before, on, or after the effective date
of this Act; and
(2) information that on the effective date of this Act
has not yet been disclosed that:
(A) was the subject of a request for information
made before the effective date of this Act; and
(B) the attorney general determined before the
effective date of this Act to be subject to disclosure under Chapter
552, Government Code.
Explanation: This addition is necessary to amend the Texas
public information law to track federal law by making information
pertaining to certain biological agents and toxins confidential.