Texas 2009 - 81st Regular

Texas Senate Bill SR1080 Compare Versions

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1	1	By: Wentworth S.R. No. 1080
2	2
3	3
4	4	SENATE RESOLUTION
5	5	BE IT RESOLVED by the Senate of the State of Texas, 81st
6	6	Legislature, Regular Session, 2009, That Senate Rule 12.03 be
7	7	suspended in part as provided by Senate Rule 12.08 to enable the
8	8	conference committee appointed to resolve the differences on
9	9	Senate Bill No. 1182 (public information and open government) to
10	10	consider and take action on the following matter:
11	11	Senate Rules 12.03(3) and (4) are suspended to permit the
12	12	committee to add SECTIONS 5 and 15 to the bill:
13	13	SECTION 5. Subchapter C, Chapter 552, Government Code,
14	14	is amended by adding Section 552.151 to read as follows:
15	15	Sec. 552.151. EXCEPTION: INFORMATION REGARDING SELECT
16	16	AGENTS. (a) The following information that pertains to a
17	17	biological agent or toxin identified or listed as a select agent
18	18	under federal law, including under the Public Health Security and
19	19	Bioterrorism Preparedness and Response Act of 2002 (Pub. L. No.
20	20	107-188) and regulations adopted under that Act, is excepted from
21	21	the requirements of Section 552.021:
22	22	(1) the specific location of a select agent within
23	23	an approved facility;
24	24	(2) personal identifying information of an
25	25	individual whose name appears in documentation relating to the
26	26	chain of custody of select agents, including a materials transfer
27	27	agreement; and
28	28	(3) the identity of an individual authorized to
29	29	possess, use, or access a select agent.
30	30	(b) This section does not except from disclosure the
31	31	identity of the select agents present at a facility.
32	32	(c) This section does not except from disclosure the
33	33	identity of an individual faculty member or employee whose name
34	34	appears or will appear on published research.
35	35	(d) This section does not except from disclosure
36	36	otherwise public information relating to contracts of a
37	37	governmental body.
38	38	(e) If a resident of another state is present in Texas and
39	39	is authorized to possess, use, or access a select agent in
40	40	conducting research or other work at a Texas facility,
41	41	information relating to the identity of that individual is
42	42	subject to disclosure under this chapter only to the extent the
43	43	information would be subject to disclosure under the laws of the
44	44	state of which the person is a resident.
45	45	SECTION 15. Section 552.151, Government Code, as added
46	46	by this Act, applies in relation to:
47	47	(1) a request for public information under Chapter
48	48	552, Government Code, made before, on, or after the effective
49	49	date of this Act; and
50	50	(2) information that on the effective date of this
51	51	Act has not yet been disclosed that:
52	52	(A) was the subject of a request for
53	53	information made before the effective date of this Act; and
54	54	(B) the attorney general determined before the
55	55	effective date of this Act to be subject to disclosure under
56	56	Chapter 552, Government Code.
57	57	Explanation: This addition is necessary to amend the
58	58	Texas public information law to track federal law by making
59	59	information pertaining to certain biological agents and toxins
60	60	confidential.
61	61	_______________________________
62	62	President of the Senate
63	63	I hereby certify that the
64	64	above Resolution was adopted by
65	65	the Senate on May 31, 2009.
66	66	_______________________________
67	67	Secretary of the Senate