By: Wentworth S.B. No. 375
A BILL TO BE ENTITLED
AN ACT
relating to categories of information presumed to be public and
certain exceptions from required disclosure under the public
information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.022, Government Code, is amended to
read as follows:
Sec. 552.022. CATEGORIES OF PUBLIC INFORMATION; EXAMPLES.
(a) Without limiting the amount or kind of information that is
public information under this chapter, the following categories of
information are public information and not excepted from required
disclosure unless made confidential under this chapter or [unless
they are expressly confidential under] other law:
(1) a completed report, audit, evaluation, or
investigation made of, for, or by a governmental body, except as
provided by Section 552.108;
(2) the name, sex, ethnicity, salary, title, date of
birth, and dates of employment of each employee and officer of a
governmental body;
(3) information in an account, voucher, or contract
relating to the receipt or expenditure of public or other funds by a
governmental body;
(4) the name of each official and the final record of
voting on all proceedings in a governmental body;
(5) all working papers, research material, and
information used to estimate the need for or expenditure of public
funds or taxes by a governmental body, on completion of the
estimate;
(6) the name, place of business, and the name of the
municipality to which local sales and use taxes are credited, if
any, for the named person, of a person reporting or paying sales and
use taxes under Chapter 151, Tax Code;
(7) a description of an agency's central and field
organizations, including:
(A) the established places at which the public
may obtain information, submit information or requests, or obtain
decisions;
(B) the employees from whom the public may obtain
information, submit information or requests, or obtain decisions;
(C) in the case of a uniformed service, the
members from whom the public may obtain information, submit
information or requests, or obtain decisions; and
(D) the methods by which the public may obtain
information, submit information or requests, or obtain decisions;
(8) a statement of the general course and method by
which an agency's functions are channeled and determined, including
the nature and requirements of all formal and informal policies and
procedures;
(9) a rule of procedure, a description of forms
available or the places at which forms may be obtained, and
instructions relating to the scope and content of all papers,
reports, or examinations;
(10) a substantive rule of general applicability
adopted or issued by an agency as authorized by law, and a statement
of general policy or interpretation of general applicability
formulated and adopted by an agency;
(11) each amendment, revision, or repeal of
information described by Subdivisions (7)-(10);
(12) final opinions, including concurring and
dissenting opinions, and orders issued in the adjudication of
cases;
(13) a policy statement or interpretation that has
been adopted or issued by an agency;
(14) administrative staff manuals and instructions to
staff that affect a member of the public;
(15) information regarded as open to the public under
an agency's policies;
(16) information that is in a bill for attorney's fees
and that is not privileged under the attorney-client privilege;
(17) information that is also contained in a public
court record; and
(18) a settlement agreement to which a governmental
body is a party.
(b) A court in this state may not order a governmental body
or an officer for public information to withhold from public
inspection any category of public information described by
Subsection (a) or to not produce the category of public information
for inspection or duplication, unless the category of information
is [expressly made] confidential under this chapter or other law.
SECTION 2. The heading to Section 552.102, Government Code,
is amended to read as follows:
Sec. 552.102. EXCEPTION: CONFIDENTIALITY OF CERTAIN
PERSONNEL INFORMATION.
SECTION 3. The heading to Section 552.109, Government Code,
is amended to read as follows:
Sec. 552.109. EXCEPTION: CONFIDENTIALITY OF CERTAIN
PRIVATE COMMUNICATIONS OF AN ELECTED OFFICE HOLDER.
SECTION 4. The heading to Section 552.110, Government Code,
is amended to read as follows:
Sec. 552.110. EXCEPTION: CONFIDENTIALITY OF TRADE SECRETS;
CONFIDENTIALITY OF CERTAIN COMMERCIAL OR FINANCIAL INFORMATION.
SECTION 5. The heading to Section 552.113, Government Code,
is amended to read as follows:
Sec. 552.113. EXCEPTION: CONFIDENTIALITY OF GEOLOGICAL OR
GEOPHYSICAL INFORMATION.
SECTION 6. The heading to Section 552.114, Government Code,
is amended to read as follows:
Sec. 552.114. EXCEPTION: CONFIDENTIALITY OF STUDENT
RECORDS.
SECTION 7. The heading to Section 552.115, Government Code,
is amended to read as follows:
Sec. 552.115. EXCEPTION: CONFIDENTIALITY OF BIRTH AND
DEATH RECORDS.
SECTION 8. The heading to Section 552.117, Government Code,
is amended to read as follows:
Sec. 552.117. EXCEPTION: CONFIDENTIALITY OF CERTAIN
ADDRESSES, TELEPHONE NUMBERS, SOCIAL SECURITY NUMBERS, AND
PERSONAL FAMILY INFORMATION.
SECTION 9. The heading to Section 552.118, Government Code,
is amended to read as follows:
Sec. 552.118. EXCEPTION: CONFIDENTIALITY OF OFFICIAL
PRESCRIPTION FORM.
SECTION 10. The heading to Section 552.119, Government
Code, is amended to read as follows:
Sec. 552.119. EXCEPTION: CONFIDENTIALITY OF CERTAIN
PHOTOGRAPHS [PHOTOGRAPH] OF PEACE OFFICERS [OFFICER].
SECTION 11. The heading to Section 552.120, Government
Code, is amended to read as follows:
Sec. 552.120. EXCEPTION: CONFIDENTIALITY OF CERTAIN RARE
BOOKS AND ORIGINAL MANUSCRIPTS.
SECTION 12. The heading to Section 552.121, Government
Code, is amended to read as follows:
Sec. 552.121. EXCEPTION: CONFIDENTIALITY OF CERTAIN
DOCUMENTS HELD FOR HISTORICAL RESEARCH.
SECTION 13. The heading to Section 552.123, Government
Code, is amended to read as follows:
Sec. 552.123. EXCEPTION: CONFIDENTIALITY OF NAME OF
APPLICANT FOR CHIEF EXECUTIVE OFFICER OF INSTITUTION OF HIGHER
EDUCATION.
SECTION 14. The heading to Section 552.1235, Government
Code, is amended to read as follows:
Sec. 552.1235. EXCEPTION: CONFIDENTIALITY OF IDENTITY OF
PRIVATE DONOR TO INSTITUTION OF HIGHER EDUCATION.
SECTION 15. Subsection (a), Section 552.1235, Government
Code, is amended to read as follows:
(a) The name or other information that would tend to
disclose the identity of a person, other than a governmental body,
who makes a gift, grant, or donation of money or property to an
institution of higher education or to another person with the
intent that the money or property be transferred to an institution
of higher education is excepted from the requirements of Section
552.021 if the person who makes the gift, grant, or donation elects
for the information to remain confidential. An election under this
section must be in writing, be signed by the person making the gift,
grant, or donation, and be filed with the institution of higher
education at the time the person makes the gift, grant, or donation.
SECTION 16. The heading to Section 552.124, Government
Code, is amended to read as follows:
Sec. 552.124. EXCEPTION: CONFIDENTIALITY OF RECORDS OF
LIBRARY OR LIBRARY SYSTEM.
SECTION 17. The heading to Section 552.126, Government
Code, is amended to read as follows:
Sec. 552.126. EXCEPTION: CONFIDENTIALITY OF NAME OF
APPLICANT FOR SUPERINTENDENT OF PUBLIC SCHOOL DISTRICT.
SECTION 18. The heading to Section 552.127, Government
Code, is amended to read as follows:
Sec. 552.127. EXCEPTION: CONFIDENTIALITY OF PERSONAL
INFORMATION RELATING TO PARTICIPANTS IN NEIGHBORHOOD CRIME WATCH
ORGANIZATION.
SECTION 19. The heading to Section 552.128, Government
Code, is amended to read as follows:
Sec. 552.128. EXCEPTION: CONFIDENTIALITY OF CERTAIN
INFORMATION SUBMITTED BY POTENTIAL VENDOR OR CONTRACTOR.
SECTION 20. The heading to Section 552.129, Government
Code, is amended to read as follows:
Sec. 552.129. CONFIDENTIALITY OF CERTAIN MOTOR VEHICLE
INSPECTION INFORMATION.
SECTION 21. The heading to Section 552.130, Government
Code, is amended to read as follows:
Sec. 552.130. EXCEPTION: CONFIDENTIALITY OF CERTAIN MOTOR
VEHICLE RECORDS.
SECTION 22. The heading to Section 552.131, Government
Code, is amended to read as follows:
Sec. 552.131. EXCEPTION: CONFIDENTIALITY OF CERTAIN
ECONOMIC DEVELOPMENT INFORMATION.
SECTION 23. The heading to Section 552.133, Government
Code, is amended to read as follows:
Sec. 552.133. EXCEPTION: CONFIDENTIALITY OF PUBLIC POWER
UTILITY COMPETITIVE MATTERS.
SECTION 24. The heading to Section 552.134, Government
Code, is amended to read as follows:
Sec. 552.134. EXCEPTION: CONFIDENTIALITY OF CERTAIN
INFORMATION RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE.
SECTION 25. The heading to Section 552.135, Government
Code, is amended to read as follows:
Sec. 552.135. EXCEPTION: CONFIDENTIALITY OF CERTAIN
INFORMATION HELD BY SCHOOL DISTRICT.
SECTION 26. The heading to Section 552.138, Government
Code, is amended to read as follows:
Sec. 552.138. EXCEPTION: CONFIDENTIALITY OF FAMILY
VIOLENCE SHELTER CENTER AND SEXUAL ASSAULT PROGRAM INFORMATION.
SECTION 27. The heading to Section 552.139, Government
Code, is amended to read as follows:
Sec. 552.139. EXCEPTION: CONFIDENTIALITY OF GOVERNMENT
INFORMATION RELATED TO SECURITY OR INFRASTRUCTURE ISSUES FOR
COMPUTERS.
SECTION 28. The heading to Section 552.140, Government
Code, is amended to read as follows:
Sec. 552.140. EXCEPTION: CONFIDENTIALITY OF MILITARY
DISCHARGE RECORDS.
SECTION 29. The heading to Section 552.142, Government
Code, is amended to read as follows:
Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS OF
CERTAIN DEFERRED ADJUDICATIONS AND CERTAIN MISDEMEANORS PUNISHABLE
BY FINE ONLY.
SECTION 30. The heading to Section 552.145, Government
Code, is amended to read as follows:
Sec. 552.145. EXCEPTION: CONFIDENTIALITY OF TEXAS NO-CALL
LIST.
SECTION 31. The heading to Section 552.148, Government
Code, is amended to read as follows:
Sec. 552.148. EXCEPTION: CONFIDENTIALITY OF CERTAIN
PERSONAL INFORMATION MAINTAINED BY MUNICIPALITY PERTAINING TO A
MINOR.
SECTION 32. The heading to Section 552.149, Government
Code, is amended to read as follows:
Sec. 552.149. EXCEPTION: CONFIDENTIALITY OF RECORDS OF
COMPTROLLER OR APPRAISAL DISTRICT RECEIVED FROM PRIVATE ENTITY.
SECTION 33. The heading to Section 552.150, Government
Code, is amended to read as follows:
Sec. 552.150. EXCEPTION: CONFIDENTIALITY OF INFORMATION
THAT COULD COMPROMISE SAFETY OF OFFICER OR EMPLOYEE OF HOSPITAL
DISTRICT.
SECTION 34. The heading to Section 552.151, Government
Code, as added by Chapter 1377 (S.B. 1182), Acts of the 81st
Legislature, Regular Session, 2009, is amended to read as follows:
Sec. 552.151. EXCEPTION: CONFIDENTIALITY OF INFORMATION
REGARDING SELECT AGENTS.
SECTION 35. The heading to Section 552.151, Government
Code, as added by Chapter 283 (S.B. 1068), Acts of the 81st
Legislature, Regular Session, 2009, is amended to read as follows:
Sec. 552.151. EXCEPTION: CONFIDENTIALITY OF INFORMATION
CONCERNING PUBLIC EMPLOYEE OR OFFICER PERSONAL SAFETY.
SECTION 36. The change in law made by this Act to Sections
552.022 and 552.1235, Government Code, applies 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 37. This Act takes effect September 1, 2011.