Texas 2011 - 82nd Regular

Texas House Bill HB3801 Compare Versions

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1	1	82R11152 KYF-F
2	2	By: S. Davis of Harris H.B. No. 3801
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the exception of certain personal information from
8	8	disclosure under the public information law.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 552.024, Government Code,
11	11	is amended to read as follows:
12	12	Sec. 552.024. ELECTING TO DISCLOSE PERSONAL INFORMATION
13	13	[ADDRESS AND TELEPHONE NUMBER].
14	14	SECTION 2. Sections 552.024(a) and (b), Government Code,
15	15	are amended to read as follows:
16	16	(a) Each employee or official of a governmental body and
17	17	each former employee or official of a governmental body may [shall]
18	18	choose [whether] to allow public access to the information in the
19	19	custody of the governmental body that relates to the person's home
20	20	address, home telephone number, personal cellular telephone
21	21	number, personal e-mail address, or social security number, or that
22	22	reveals whether the person has family members.
23	23	(b) Each employee and official may [and each former employee
24	24	and official shall] state that the person chooses to allow public
25	25	access to the information as described by [person's choice under]
26	26	Subsection (a) to the main personnel officer of the governmental
27	27	body in a signed writing at any time during the employee's or
28	28	official's service with the governmental body. Each former
29	29	employee or official shall state that person's choice under
30	30	Subsection (a) not later than the 14th day after the date on which[:
31	31	[(1) the employee begins employment with the
32	32	governmental body;
33	33	[(2) the official is elected or appointed; or
34	34	[(3)] the former employee or official ends service
35	35	with the governmental body. A choice made under this subsection
36	36	remains valid until rescinded in writing by the individual.
37	37	SECTION 3. The heading to Section 552.117, Government Code,
38	38	is amended to read as follows:
39	39	Sec. 552.117. EXCEPTION: CERTAIN ADDRESSES, E-MAIL
40	40	ADDRESSES, TELEPHONE NUMBERS, DATES OF BIRTH, SOCIAL SECURITY
41	41	NUMBERS, AND PERSONAL FAMILY INFORMATION.
42	42	SECTION 4. Section 552.117(a), Government Code, is amended
43	43	to read as follows:
44	44	(a) Information is excepted from the requirements
45	45	of Section 552.021 if it is information that relates to the home
46	46	address, home telephone number, personal cellular telephone
47	47	number, personal e-mail address, date of birth, or social security
48	48	number of the following person or that reveals whether the person
49	49	has family members:
50	50	(1) a current or former official or employee of a
51	51	governmental body, except as otherwise provided for certain
52	52	information by Section 552.024;
53	53	(2) a peace officer as defined by Article 2.12, Code
54	54	of Criminal Procedure, or a security officer commissioned
55	55	under Section 51.212, Education Code, regardless of whether the
56	56	officer complies with Section 552.024 or 552.1175, as
57	57	applicable;
58	58	(3) a current or former employee of the Texas
59	59	Department of Criminal Justice or of the predecessor in function of
60	60	the department or any division of the department, regardless of
61	61	whether the current or former employee complies with Section
62	62	552.1175;
63	63	(4) a peace officer as defined by Article 2.12, Code
64	64	of Criminal Procedure, or other law, a reserve law enforcement
65	65	officer, a commissioned deputy game warden, or a corrections
66	66	officer in a municipal, county, or state penal institution in this
67	67	state who was killed in the line of duty, regardless of whether the
68	68	deceased complied with Section 552.024 or 552.1175;
69	69	(5) a commissioned security officer as defined
70	70	by Section 1702.002, Occupations Code, regardless of whether the
71	71	officer complies with Section 552.024 or 552.1175, as
72	72	applicable; or
73	73	(6) an officer or employee of a community supervision
74	74	and corrections department established under Chapter 76 who
75	75	performs a duty described by Section 76.004(b), regardless of
76	76	whether the officer or employee complies with Section 552.024 or
77	77	552.1175.
78	78	SECTION 5. The heading to Section 552.1175, Government
79	79	Code, is amended to read as follows:
80	80	Sec. 552.1175. CONFIDENTIALITY OF ADDRESSES, E-MAIL
81	81	ADDRESSES, TELEPHONE NUMBERS, DATES OF BIRTH, SOCIAL SECURITY
82	82	NUMBERS, AND PERSONAL FAMILY INFORMATION OF PEACE OFFICERS, COUNTY
83	83	JAILERS, SECURITY OFFICERS, AND EMPLOYEES OF THE TEXAS DEPARTMENT
84	84	OF CRIMINAL JUSTICE OR A PROSECUTOR'S OFFICE.
85	85	SECTION 6. Section 552.1175(b), Government Code, is amended
86	86	to read as follows:
87	87	(b) Information that relates to the home address, home
88	88	telephone number, personal cellular telephone number, personal
89	89	e-mail address, date of birth, or social security number of an
90	90	individual to whom this section applies, or that reveals whether
91	91	the individual has family members is confidential and may not be
92	92	disclosed to the public under this chapter if the individual to whom
93	93	the information relates:
94	94	(1) chooses to restrict public access to the
95	95	information; and
96	96	(2) notifies the governmental body of the individual's
97	97	choice on a form provided by the governmental body, accompanied by
98	98	evidence of the individual's status.
99	99	SECTION 7. Section 552.137, Government Code, is amended by
100	100	adding Subsection (e) to read as follows:
101	101	(e) This section does not apply to a personal e-mail address
102	102	to which Section 552.024 or 552.1175 applies.
103	103	SECTION 8. Subchapter C, Chapter 552, Government Code, is
104	104	amended by adding Section 552.153 to read as follows:
105	105	Sec. 552.153. DATE OF BIRTH. (a) The date of birth of a
106	106	living person is excepted from the requirements of Section 552.021,
107	107	but is not confidential under this section and this section does not
108	108	make the date of birth of a living person confidential under another
109	109	provision of this chapter or other law.
110	110	(b) A governmental body may redact the date of birth of a
111	111	living person from any information the governmental body discloses
112	112	under Section 552.021 without the necessity of requesting a
113	113	decision from the attorney general under Subchapter G.
114	114	(c) Notwithstanding any other law, a county or district
115	115	clerk may disclose in the ordinary course of business a date of
116	116	birth that is contained in information held by the clerk's office,
117	117	and that disclosure is not official misconduct and does not subject
118	118	the clerk to civil or criminal liability of any kind under the law
119	119	of this state, including any claim for damages in a lawsuit or the
120	120	criminal penalty imposed by Section 552.352.
121	121	(d) Unless another law requires a date of birth to be
122	122	maintained in a government document, on written request from an
123	123	individual or the individual's representative, the clerk shall
124	124	redact within a reasonable amount of time the individual's date of
125	125	birth from information maintained in the clerk's official public
126	126	records, including electronically stored information maintained by
127	127	or under the control of the clerk. The individual or the
128	128	individual's representative must identify, using a form provided by
129	129	the clerk, the specific document or documents from which the date of
130	130	birth shall be redacted.
131	131	SECTION 9. The changes in law made by this Act apply only to
132	132	a request for information that is received by a governmental body or
133	133	an officer for public information on or after the effective date of
134	134	this Act. A request for information that was received before the
135	135	effective date of this Act is governed by the law in effect on the
136	136	date the request was received, and the former law is continued in
137	137	effect for that purpose.
138	138	SECTION 10. This Act takes effect September 1, 2011.