1 | 1 | | By: Davis S.B. No. 1638 |
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2 | 2 | | (Geren) |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the exception of certain personal information from |
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8 | 8 | | required disclosure under the public information law. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subsection (a), Section 552.024, Government |
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11 | 11 | | Code, is amended to read as follows: |
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12 | 12 | | (a) Each employee or official of a governmental body and |
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13 | 13 | | each former employee or official of a governmental body shall |
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14 | 14 | | choose whether to allow public access to the information in the |
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15 | 15 | | custody of the governmental body that relates to the person's home |
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16 | 16 | | address, home telephone number, emergency contact information, or |
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17 | 17 | | social security number, or that reveals whether the person has |
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18 | 18 | | family members. |
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19 | 19 | | SECTION 2. Subsection (a), Section 552.117, Government |
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20 | 20 | | Code, is amended to read as follows: |
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21 | 21 | | (a) Information is excepted from the requirements of |
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22 | 22 | | Section 552.021 if it is information that relates to the home |
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23 | 23 | | address, home telephone number, emergency contact information, or |
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24 | 24 | | social security number of the following person or that reveals |
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25 | 25 | | whether the person has family members: |
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26 | 26 | | (1) a current or former official or employee of a |
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27 | 27 | | governmental body, except as otherwise provided by Section 552.024; |
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28 | 28 | | (2) a peace officer as defined by Article 2.12, Code of |
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29 | 29 | | Criminal Procedure, or a security officer commissioned under |
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30 | 30 | | Section 51.212, Education Code, regardless of whether the officer |
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31 | 31 | | complies with Section 552.024 or 552.1175, as applicable; |
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32 | 32 | | (3) a current or former employee of the Texas |
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33 | 33 | | Department of Criminal Justice or of the predecessor in function of |
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34 | 34 | | the department or any division of the department, regardless of |
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35 | 35 | | whether the current or former employee complies with Section |
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36 | 36 | | 552.1175; |
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37 | 37 | | (4) a peace officer as defined by Article 2.12, Code of |
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38 | 38 | | Criminal Procedure, or other law, a reserve law enforcement |
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39 | 39 | | officer, a commissioned deputy game warden, or a corrections |
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40 | 40 | | officer in a municipal, county, or state penal institution in this |
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41 | 41 | | state who was killed in the line of duty, regardless of whether the |
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42 | 42 | | deceased complied with Section 552.024 or 552.1175; |
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43 | 43 | | (5) a commissioned security officer as defined by |
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44 | 44 | | Section 1702.002, Occupations Code, regardless of whether the |
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45 | 45 | | officer complies with Section 552.024 or 552.1175, as applicable; |
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46 | 46 | | or |
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47 | 47 | | (6) an officer or employee of a community supervision |
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48 | 48 | | and corrections department established under Chapter 76 who |
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49 | 49 | | performs a duty described by Section 76.004(b), regardless of |
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50 | 50 | | whether the officer or employee complies with Section 552.024 or |
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51 | 51 | | 552.1175. |
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52 | 52 | | SECTION 3. Subsection (b), Section 552.1175, Government |
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53 | 53 | | Code, is amended to read as follows: |
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54 | 54 | | (b) Information that relates to the home address, home |
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55 | 55 | | telephone number, emergency contact information, or social |
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56 | 56 | | security number of an individual to whom this section applies, or |
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57 | 57 | | that reveals whether the individual has family members is |
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58 | 58 | | confidential and may not be disclosed to the public under this |
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59 | 59 | | chapter if the individual to whom the information relates: |
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60 | 60 | | (1) chooses to restrict public access to the |
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61 | 61 | | information; and |
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62 | 62 | | (2) notifies the governmental body of the individual's |
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63 | 63 | | choice on a form provided by the governmental body, accompanied by |
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64 | 64 | | evidence of the individual's status. |
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65 | 65 | | SECTION 4. Subsection (a), Section 552.130, Government |
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66 | 66 | | Code, is amended to read as follows: |
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67 | 67 | | (a) Information is excepted from the requirements of |
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68 | 68 | | Section 552.021 if the information relates to: |
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69 | 69 | | (1) a motor vehicle operator's or driver's license or |
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70 | 70 | | permit issued by an agency of this state or another state or |
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71 | 71 | | country; |
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72 | 72 | | (2) a motor vehicle title or registration issued by an |
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73 | 73 | | agency of this state or another state or country; or |
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74 | 74 | | (3) a personal identification document issued by an |
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75 | 75 | | agency of this state or another state or country or a local agency |
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76 | 76 | | authorized to issue an identification document. |
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77 | 77 | | SECTION 5. Subsection (b), Section 552.139, Government |
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78 | 78 | | Code, is amended to read as follows: |
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79 | 79 | | (b) The following information is confidential: |
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80 | 80 | | (1) a computer network vulnerability report; [and] |
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81 | 81 | | (2) any other assessment of the extent to which data |
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82 | 82 | | processing operations, a computer, a computer program, network, |
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83 | 83 | | system, or system interface, or software of a governmental body or |
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84 | 84 | | of a contractor of a governmental body is vulnerable to |
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85 | 85 | | unauthorized access or harm, including an assessment of the extent |
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86 | 86 | | to which the governmental body's or contractor's electronically |
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87 | 87 | | stored information containing sensitive or critical information is |
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88 | 88 | | vulnerable to alteration, damage, erasure, or inappropriate use; |
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89 | 89 | | and |
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90 | 90 | | (3) a photocopy or other copy of an identification |
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91 | 91 | | badge issued to an official or employee of a governmental body. |
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92 | 92 | | SECTION 6. This Act takes effect immediately if it receives |
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93 | 93 | | a vote of two-thirds of all the members elected to each house, as |
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94 | 94 | | provided by Section 39, Article III, Texas Constitution. If this |
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95 | 95 | | Act does not receive the vote necessary for immediate effect, this |
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96 | 96 | | Act takes effect September 1, 2011. |
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