82R11152 KYF-F
By: S. Davis of Harris H.B. No. 3801
A BILL TO BE ENTITLED
AN ACT
relating to the exception of certain personal information from
disclosure under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 552.024, Government Code,
is amended to read as follows:
Sec. 552.024. ELECTING TO DISCLOSE PERSONAL INFORMATION
[ADDRESS AND TELEPHONE NUMBER].
SECTION 2. Sections 552.024(a) and (b), Government Code,
are amended to read as follows:
(a) Each employee or official of a governmental body and
each former employee or official of a governmental body may [shall]
choose [whether] to allow public access to the information in the
custody of the governmental body that relates to the person's home
address, home telephone number, personal cellular telephone
number, personal e-mail address, or social security number, or that
reveals whether the person has family members.
(b) Each employee and official may [and each former employee
and official shall] state that the person chooses to allow public
access to the information as described by [person's choice under]
Subsection (a) to the main personnel officer of the governmental
body in a signed writing at any time during the employee's or
official's service with the governmental body. Each former
employee or official shall state that person's choice under
Subsection (a) 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. A choice made under this subsection
remains valid until rescinded in writing by the individual.
SECTION 3. The heading to Section 552.117, Government Code,
is amended to read as follows:
Sec. 552.117. EXCEPTION: CERTAIN ADDRESSES, E-MAIL
ADDRESSES, TELEPHONE NUMBERS, DATES OF BIRTH, SOCIAL SECURITY
NUMBERS, AND PERSONAL FAMILY INFORMATION.
SECTION 4. Section 552.117(a), 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, personal cellular telephone
number, personal e-mail address, date of birth, 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 for certain
information 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;
(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;
(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;
(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
(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 5. The heading to Section 552.1175, Government
Code, is amended to read as follows:
Sec. 552.1175. CONFIDENTIALITY OF ADDRESSES, E-MAIL
ADDRESSES, TELEPHONE NUMBERS, DATES OF BIRTH, SOCIAL SECURITY
NUMBERS, AND PERSONAL FAMILY INFORMATION OF PEACE OFFICERS, COUNTY
JAILERS, SECURITY OFFICERS, AND EMPLOYEES OF THE TEXAS DEPARTMENT
OF CRIMINAL JUSTICE OR A PROSECUTOR'S OFFICE.
SECTION 6. Section 552.1175(b), Government Code, is amended
to read as follows:
(b) Information that relates to the home address, home
telephone number, personal cellular telephone number, personal
e-mail address, date of birth, or social security number of an
individual to whom this section applies, or that reveals whether
the individual has family members is confidential and may not be
disclosed to the public under this chapter if the individual to whom
the information relates:
(1) chooses to restrict public access to the
information; and
(2) notifies the governmental body of the individual's
choice on a form provided by the governmental body, accompanied by
evidence of the individual's status.
SECTION 7. Section 552.137, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) This section does not apply to a personal e-mail address
to which Section 552.024 or 552.1175 applies.
SECTION 8. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.153 to read as follows:
Sec. 552.153. DATE OF BIRTH. (a) The date of birth of a
living person is excepted from the requirements of Section 552.021,
but is not confidential under this section and this section does not
make the date of birth of a living person confidential under another
provision of this chapter or other law.
(b) A governmental body may redact the date of birth of a
living person from any information the governmental body discloses
under Section 552.021 without the necessity of requesting a
decision from the attorney general under Subchapter G.
(c) Notwithstanding any other law, a county or district
clerk may disclose in the ordinary course of business a date of
birth that is contained in information held by the clerk's office,
and that disclosure is not official misconduct and does not subject
the clerk to civil or criminal liability of any kind under the law
of this state, including any claim for damages in a lawsuit or the
criminal penalty imposed by Section 552.352.
(d) Unless another law requires a date of birth to be
maintained in a government document, on written request from an
individual or the individual's representative, the clerk shall
redact within a reasonable amount of time the individual's date of
birth from information maintained in the clerk's official public
records, including electronically stored information maintained by
or under the control of the clerk. The individual or the
individual's representative must identify, using a form provided by
the clerk, the specific document or documents from which the date of
birth shall be redacted.
SECTION 9. The changes in law made by this Act apply only to
a request for information that is received by a governmental body or
an officer for public information on or after the effective date of
this Act. A request for information that was received before the
effective date of this Act is governed by the law in effect on the
date the request was received, and the former law is continued in
effect for that purpose.
SECTION 10. This Act takes effect September 1, 2011.