S.B. No. 602
AN ACT
relating to confidential information under the public information
law and to procedures and deadlines under the public information
law in relation to the redaction of certain confidential
information by a governmental body.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.217, Education Code, is amended by
adding Subsection (g) to read as follows:
(g) The personal information of an individual maintained in
an institution's emergency notification system is confidential and
is not subject to disclosure under Chapter 552, Government Code. In
this subsection, "personal information" includes an e-mail address
or telephone number maintained in order to notify an individual of
an emergency.
SECTION 2. 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 arc 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, 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 3. The heading to Section 552.102, Government Code,
is amended to read as follows:
Sec. 552.102. EXCEPTION: CONFIDENTIALITY OF CERTAIN
PERSONNEL INFORMATION.
SECTION 4. 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 5. 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 6. 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 7. The heading to Section 552.114, Government Code,
is amended to read as follows:
Sec. 552.114. EXCEPTION: CONFIDENTIALITY OF STUDENT
RECORDS.
SECTION 8. 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 9. 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 10. The heading to Section 552.118, Government
Code, is amended to read as follows:
Sec. 552.118. EXCEPTION: CONFIDENTIALITY OF OFFICIAL
PRESCRIPTION FORM.
SECTION 11. 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 12. 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 13. 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 14. 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 15. 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 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. Section 552.130, Government Code, is amended by
adding Subsections (c), (d), and (e) to read as follows:
(c) Subject to Chapter 730, Transportation Code, a
governmental body may redact information described by Subsections
(a)(1) and (3) 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.
(d) If, under Subsection (c), a governmental body redacts or
withholds information without requesting a decision from the
attorney general about whether the information may be redacted or
withheld, the requestor is entitled to seek a decision from the
attorney general about the matter. The attorney general by rule
shall establish procedures and deadlines for receiving information
necessary to decide the matter and briefs from the requestor, the
governmental body, and any other interested person. The attorney
general shall promptly render a decision requested under this
subsection, determining whether the redacted or withheld
information was excepted from required disclosure to the requestor,
not later than the 45th business day after the date the attorney
general received the request for a decision under this subsection.
The attorney general shall issue a written decision on the matter
and provide a copy of the decision to the requestor, the
governmental body, and any interested person who submitted
necessary information or a brief to the attorney general about the
matter. The requestor or the governmental body may appeal a
decision of the attorney general under this subsection to a Travis
County district court.
(e) A governmental body that redacts or withholds
information under Subsection (c) shall provide the following
information to the requestor on a form prescribed by the attorney
general:
(1) a description of the redacted or withheld
information;
(2) a citation to this section; and
(3) instructions regarding how the requestor may seek
a decision from the attorney general regarding whether the redacted
or withheld information is excepted from required disclosure.
SECTION 23. 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 24. 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 25. 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 26. 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 27. Section 552.136, Government Code, is amended by
adding Subsections (c), (d), and (e) to read as follows:
(c) A governmental body may redact information that must be
withheld under Subsection (b) 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.
(d) If, under Subsection (c), a governmental body redacts or
withholds information without requesting a decision from the
attorney general about whether the information may be redacted or
withheld, the requestor is entitled to seek a decision from the
attorney general about the matter. The attorney general by rule
shall establish procedures and deadlines for receiving information
necessary to decide the matter and briefs from the requestor, the
governmental body, and any other interested person. The attorney
general shall promptly render a decision requested under this
subsection, determining whether the redacted or withheld
information was excepted from required disclosure to the requestor,
not later than the 45th business day after the date the attorney
general received the request for a decision under this subsection.
The attorney general shall issue a written decision on the matter
and provide a copy of the decision to the requestor, the
governmental body, and any interested person who submitted
necessary information or a brief to the attorney general about the
matter. The requestor or the governmental body may appeal a
decision of the attorney general under this subsection to a Travis
County district court.
(e) A governmental body that redacts or withholds
information under Subsection (c) shall provide the following
information to the requestor on a form prescribed by the attorney
general:
(1) a description of the redacted or withheld
information;
(2) a citation to this section; and
(3) instructions regarding how the requestor may seek
a decision from the attorney general regarding whether the redacted
or withheld information is excepted from required disclosure.
SECTION 28. 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 29. 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 30. The heading to Section 552.140, Government
Code, is amended to read as follows:
Sec. 552.140. EXCEPTION: CONFIDENTIALITY OF MILITARY
DISCHARGE RECORDS.
SECTION 31. 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 32. 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 33. 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 34. 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 35. 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 36. 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 37. 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 38. Section 552.263, Government Code, is amended by
adding Subsection (e-1) to read as follows:
(e-1) If a requestor modifies the request in response to the
requirement of a deposit or bond authorized by this section, the
modified request is considered a separate request for the purposes
of this chapter and is considered received on the date the
governmental body receives the written modified request.
SECTION 39. Section 552.301, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) For the purposes of this subchapter, if a governmental
body receives a written request by United States mail and cannot
adequately establish the actual date on which the governmental body
received the request, the written request is considered to have
been received by the governmental body on the third business day
after the date of the postmark on a properly addressed request.
SECTION 40. The changes in law made by this Act to Sections
552.022, 552.263, and 552.301, Government Code, 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 41. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 602 passed the Senate on
April 21, 2011, by the following vote: Yeas 31, Nays 0;
May 18, 2011, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 20, 2011, House
granted request of the Senate; May 28, 2011, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 602 passed the House, with
amendments, on May 12, 2011, by the following vote: Yeas 142,
Nays 0, three present not voting; May 20, 2011, House granted
request of the Senate for appointment of Conference Committee;
May 27, 2011, House adopted Conference Committee Report by the
following vote: Yeas 138, Nays 2, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor