By: Wentworth S.R. No. 1080
SENATE RESOLUTION
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 No. 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 5 and 15 to the bill:
SECTION 5. 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 15. 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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 31, 2009.
_______________________________
Secretary of the Senate