83R11077 JRH-D
By: McClendon H.B. No. 2885
A BILL TO BE ENTITLED
AN ACT
relating to the availability of the personal information of a
legislator under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.1177 to read as follows:
Sec. 552.1177. CONFIDENTIALITY OF PERSONAL INFORMATION OF
LEGISLATORS. (a) This section applies only to a current or former
lieutenant governor or member of the legislature.
(b) Information held by a governmental body that relates to
the home address, home telephone number, emergency contact
information, or social security number of an individual to whom
this section applies is confidential and may not be disclosed to the
public 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 service in an office to which this
section applies.
(c) A choice made under Subsection (b) remains valid until
rescinded in writing by the individual.
(d) All documents filed with a county clerk and all
documents filed with a district clerk are exempt from this section.
(e) A governmental body that routinely collects or
maintains information made confidential by this section regarding
individuals holding an office to which this section applies based
on the office held by those individuals shall take reasonable
actions to notify those individuals periodically regarding the
provisions of this section.
(f) 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.
(g) If, under Subsection (f), 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.
(h) A governmental body that redacts or withholds
information under Subsection (f) 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 2. The changes in law made by Section 552.1177,
Government Code, as added 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 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.