Texas 2011 - 82nd Regular

Texas Senate Bill SB375 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R27162 E
2	2	By: Wentworth S.B. No. 375
3	3	(Solomons)
4	4	Substitute the following for S.B. No. 375: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to categories of information presumed to be public under
10	10	the public information law.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 552.022, Government Code, is amended to
13	13	read as follows:
14	14	Sec. 552.022. CATEGORIES OF PUBLIC INFORMATION; EXAMPLES.
15	15	(a) Without limiting the amount or kind of information that is
16	16	public information under this chapter, the following categories of
17	17	information are public information and not excepted from required
18	18	disclosure unless made confidential under this chapter or [unless
19	19	they arc expressly confidential under] other law:
20	20	(1) a completed report, audit, evaluation, or
21	21	investigation made of, for, or by a governmental body, except as
22	22	provided by Section 552.108;
23	23	(2) the name, sex, ethnicity, salary, title, and dates
24	24	of employment of each employee and officer of a governmental body;
25	25	(3) information in an account, voucher, or contract
26	26	relating to the receipt or expenditure of public or other funds by a
27	27	governmental body;
28	28	(4) the name of each official and the final record of
29	29	voting on all proceedings in a governmental body;
30	30	(5) all working papers, research material, and
31	31	information used to estimate the need for or expenditure of public
32	32	funds or taxes by a governmental body, on completion of the
33	33	estimate;
34	34	(6) the name, place of business, and the name of the
35	35	municipality to which local sales and use taxes are credited, if
36	36	any, for the named person, of a person reporting or paying sales and
37	37	use taxes under Chapter 151, Tax Code;
38	38	(7) a description of an agency's central and field
39	39	organizations, including:
40	40	(A) the established places at which the public
41	41	may obtain information, submit information or requests, or obtain
42	42	decisions;
43	43	(B) the employees from whom the public may obtain
44	44	information, submit information or requests, or obtain decisions;
45	45	(C) in the case of a uniformed service, the
46	46	members from whom the public may obtain information, submit
47	47	information or requests, or obtain decisions; and
48	48	(D) the methods by which the public may obtain
49	49	information, submit information or requests, or obtain decisions;
50	50	(8) a statement of the general course and method by
51	51	which an agency's functions are channeled and determined, including
52	52	the nature and requirements of all formal and informal policies and
53	53	procedures;
54	54	(9) a rule of procedure, a description of forms
55	55	available or the places at which forms may be obtained, and
56	56	instructions relating to the scope and content of all papers,
57	57	reports, or examinations;
58	58	(10) a substantive rule of general applicability
59	59	adopted or issued by an agency as authorized by law, and a statement
60	60	of general policy or interpretation of general applicability
61	61	formulated and adopted by an agency;
62	62	(11) each amendment, revision, or repeal of
63	63	information described by Subdivisions (7)-(10);
64	64	(12) final opinions, including concurring and
65	65	dissenting opinions, and orders issued in the adjudication of
66	66	cases;
67	67	(13) a policy statement or interpretation that has
68	68	been adopted or issued by an agency;
69	69	(14) administrative staff manuals and instructions to
70	70	staff that affect a member of the public;
71	71	(15) information regarded as open to the public under
72	72	an agency's policies;
73	73	(16) information that is in a bill for attorney's fees
74	74	and that is not privileged under the attorney-client privilege;
75	75	(17) information that is also contained in a public
76	76	court record; and
77	77	(18) a settlement agreement to which a governmental
78	78	body is a party.
79	79	(b) A court in this state may not order a governmental body
80	80	or an officer for public information to withhold from public
81	81	inspection any category of public information described by
82	82	Subsection (a) or to not produce the category of public information
83	83	for inspection or duplication, unless the category of information
84	84	is [expressly made] confidential under this chapter or other law.
85	85	SECTION 2. The heading to Section 552.102, Government Code,
86	86	is amended to read as follows:
87	87	Sec. 552.102. EXCEPTION: CONFIDENTIALITY OF CERTAIN
88	88	PERSONNEL INFORMATION.
89	89	SECTION 3. The heading to Section 552.109, Government Code,
90	90	is amended to read as follows:
91	91	Sec. 552.109. EXCEPTION: CONFIDENTIALITY OF CERTAIN
92	92	PRIVATE COMMUNICATIONS OF AN ELECTED OFFICE HOLDER.
93	93	SECTION 4. The heading to Section 552.110, Government Code,
94	94	is amended to read as follows:
95	95	Sec. 552.110. EXCEPTION: CONFIDENTIALITY OF TRADE SECRETS;
96	96	CONFIDENTIALITY OF CERTAIN COMMERCIAL OR FINANCIAL INFORMATION.
97	97	SECTION 5. The heading to Section 552.113, Government Code,
98	98	is amended to read as follows:
99	99	Sec. 552.113. EXCEPTION: CONFIDENTIALITY OF GEOLOGICAL OR
100	100	GEOPHYSICAL INFORMATION.
101	101	SECTION 6. The heading to Section 552.114, Government Code,
102	102	is amended to read as follows:
103	103	Sec. 552.114. EXCEPTION: CONFIDENTIALITY OF STUDENT
104	104	RECORDS.
105	105	SECTION 7. The heading to Section 552.115, Government Code,
106	106	is amended to read as follows:
107	107	Sec. 552.115. EXCEPTION: CONFIDENTIALITY OF BIRTH AND DEATH
108	108	RECORDS.
109	109	SECTION 8. The heading to Section 552.117, Government Code,
110	110	is amended to read as follows:
111	111	Sec. 552.117. EXCEPTION: CONFIDENTIALITY OF CERTAIN
112	112	ADDRESSES, TELEPHONE NUMBERS, SOCIAL SECURITY NUMBERS, AND
113	113	PERSONAL FAMILY INFORMATION.
114	114	SECTION 9. The heading to Section 552.118, Government Code,
115	115	is amended to read as follows:
116	116	Sec. 552.118. EXCEPTION: CONFIDENTIALITY OF OFFICIAL
117	117	PRESCRIPTION FORM.
118	118	SECTION 10. The heading to Section 552.119, Government
119	119	Code, is amended to read as follows:
120	120	Sec. 552.119. EXCEPTION: CONFIDENTIALITY OF CERTAIN
121	121	PHOTOGRAPHS [PHOTOGRAPH] OF PEACE OFFICERS [OFFICER].
122	122	SECTION 11. The heading to Section 552.120, Government
123	123	Code, is amended to read as follows:
124	124	Sec. 552.120. EXCEPTION: CONFIDENTIALITY OF CERTAIN RARE
125	125	BOOKS AND ORIGINAL MANUSCRIPTS.
126	126	SECTION 12. The heading to Section 552.121, Government
127	127	Code, is amended to read as follows:
128	128	Sec. 552.121. EXCEPTION: CONFIDENTIALITY OF CERTAIN
129	129	DOCUMENTS HELD FOR HISTORICAL RESEARCH.
130	130	SECTION 13. The heading to Section 552.123, Government
131	131	Code, is amended to read as follows:
132	132	Sec. 552.123. EXCEPTION: CONFIDENTIALITY OF NAME OF
133	133	APPLICANT FOR CHIEF EXECUTIVE OFFICER OF INSTITUTION OF HIGHER
134	134	EDUCATION.
135	135	SECTION 14. The heading to Section 552.1235, Government
136	136	Code, is amended to read as follows:
137	137	Sec. 552.1235. EXCEPTION: CONFIDENTIALITY OF IDENTITY OF
138	138	PRIVATE DONOR TO INSTITUTION OF HIGHER EDUCATION.
139	139	SECTION 15. The heading to Section 552.124, Government
140	140	Code, is amended to read as follows:
141	141	Sec. 552.124. EXCEPTION: CONFIDENTIALITY OF RECORDS OF
142	142	LIBRARY OR LIBRARY SYSTEM.
143	143	SECTION 16. The heading to Section 552.126, Government
144	144	Code, is amended to read as follows:
145	145	Sec. 552.126. EXCEPTION: CONFIDENTIALITY OF NAME OF
146	146	APPLICANT FOR SUPERINTENDENT OF PUBLIC SCHOOL DISTRICT.
147	147	SECTION 17. The heading to Section 552.127, Government
148	148	Code, is amended to read as follows:
149	149	Sec. 552.127. EXCEPTION: CONFIDENTIALITY OF PERSONAL
150	150	INFORMATION RELATING TO PARTICIPANTS IN NEIGHBORHOOD CRIME WATCH
151	151	ORGANIZATION.
152	152	SECTION 18. The heading to Section 552.128, Government
153	153	Code, is amended to read as follows:
154	154	Sec. 552.128. EXCEPTION: CONFIDENTIALITY OF CERTAIN
155	155	INFORMATION SUBMITTED BY POTENTIAL VENDOR OR CONTRACTOR.
156	156	SECTION 19. The heading to Section 552.129, Government
157	157	Code, is amended to read as follows:
158	158	Sec. 552.129. CONFIDENTIALITY OF CERTAIN MOTOR VEHICLE
159	159	INSPECTION INFORMATION.
160	160	SECTION 20. The heading to Section 552.130, Government
161	161	Code, is amended to read as follows:
162	162	Sec. 552.130. EXCEPTION: CONFIDENTIALITY OF CERTAIN MOTOR
163	163	VEHICLE RECORDS.
164	164	SECTION 21. The heading to Section 552.131, Government
165	165	Code, is amended to read as follows:
166	166	Sec. 552.131. EXCEPTION: CONFIDENTIALITY OF CERTAIN
167	167	ECONOMIC DEVELOPMENT INFORMATION.
168	168	SECTION 22. The heading to Section 552.133, Government
169	169	Code, is amended to read as follows:
170	170	Sec. 552.133. EXCEPTION: CONFIDENTIALITY OF PUBLIC POWER
171	171	UTILITY COMPETITIVE MATTERS.
172	172	SECTION 23. The heading to Section 552.134, Government
173	173	Code, is amended to read as follows:
174	174	Sec. 552.134. EXCEPTION: CONFIDENTIALITY OF CERTAIN
175	175	INFORMATION RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE.
176	176	SECTION 24. The heading to Section 552.135, Government
177	177	Code, is amended to read as follows:
178	178	Sec. 552.135. EXCEPTION: CONFIDENTIALITY OF CERTAIN
179	179	INFORMATION HELD BY SCHOOL DISTRICT.
180	180	SECTION 25. The heading to Section 552.138, Government
181	181	Code, is amended to read as follows:
182	182	Sec. 552.138. EXCEPTION: CONFIDENTIALITY OF FAMILY
183	183	VIOLENCE SHELTER CENTER AND SEXUAL ASSAULT PROGRAM INFORMATION.
184	184	SECTION 26. The heading to Section 552.139, Government
185	185	Code, is amended to read as follows:
186	186	Sec. 552.139. EXCEPTION: CONFIDENTIALITY OF GOVERNMENT
187	187	INFORMATION RELATED TO SECURITY OR INFRASTRUCTURE ISSUES FOR
188	188	COMPUTERS.
189	189	SECTION 27. The heading to Section 552.140, Government
190	190	Code, is amended to read as follows:
191	191	Sec. 552.140. EXCEPTION: CONFIDENTIALITY OF MILITARY
192	192	DISCHARGE RECORDS.
193	193	SECTION 28. The heading to Section 552.142, Government
194	194	Code, is amended to read as follows:
195	195	Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS OF
196	196	CERTAIN DEFERRED ADJUDICATIONS AND CERTAIN MISDEMEANORS PUNISHABLE
197	197	BY FINE ONLY.
198	198	SECTION 29. The heading to Section 552.145, Government
199	199	Code, is amended to read as follows:
200	200	Sec. 552.145. EXCEPTION: CONFIDENTIALITY OF TEXAS NO-CALL
201	201	LIST.
202	202	SECTION 30. The heading to Section 552.148, Government
203	203	Code, is amended to read as follows:
204	204	Sec. 552.148. EXCEPTION: CONFIDENTIALITY OF CERTAIN
205	205	PERSONAL INFORMATION MAINTAINED BY MUNICIPALITY PERTAINING TO A
206	206	MINOR.
207	207	SECTION 31. The heading to Section 552.149, Government
208	208	Code, is amended to read as follows:
209	209	Sec. 552.149. EXCEPTION: CONFIDENTIALITY OF RECORDS OF
210	210	COMPTROLLER OR APPRAISAL DISTRICT RECEIVED FROM PRIVATE ENTITY.
211	211	SECTION 32. The heading to Section 552.150, Government
212	212	Code, is amended to read as follows:
213	213	Sec. 552.150. EXCEPTION: CONFIDENTIALITY OF INFORMATION
214	214	THAT COULD COMPROMISE SAFETY OF OFFICER OR EMPLOYEE OF HOSPITAL
215	215	DISTRICT.
216	216	SECTION 33. The heading to Section 552.151, Government
217	217	Code, as added by Chapter 1377 (S.B. 1182), Acts of the 81st
218	218	Legislature, Regular Session, 2009, is amended to read as follows:
219	219	Sec. 552.151. EXCEPTION: CONFIDENTIALITY OF INFORMATION
220	220	REGARDING SELECT AGENTS.
221	221	SECTION 34. The heading to Section 552.151, Government
222	222	Code, as added by Chapter 283 (S.B. 1068), Acts of the 81st
223	223	Legislature, Regular Session, 2009, is amended to read as follows:
224	224	Sec. 552.151. EXCEPTION: CONFIDENTIALITY OF INFORMATION
225	225	CONCERNING PUBLIC EMPLOYEE OR OFFICER PERSONAL SAFETY.
226	226	SECTION 35. The change in law made by this Act to Section
227	227	552.022, Government Code, applies only to a request for information
228	228	that is received by a governmental body or an officer for public
229	229	information on or after the effective date of this Act. A request
230	230	for information that was received before the effective date of this
231	231	Act is governed by the law in effect on the date the request was
232	232	received, and the former law is continued in effect for that
233	233	purpose.
234	234	SECTION 36. This Act takes effect September 1, 2011.