H.B. No. 367
AN ACT
relating to the disclosure by a member of the legislature or the
lieutenant governor of certain information concerning a resident of
this state to a governmental body.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 306.003, Government Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) If a member of the legislature or the lieutenant
governor discloses to the Department of Family and Protective
Services or a governmental unit that is a "covered entity" under
Section 181.001(b), Health and Safety Code, all or part of a record
to which Subsection (a) applies or communicates to the department
or governmental unit a description of the information contained in
the record that identifies or would tend to identify the resident of
this state who communicated with the member or lieutenant governor,
the record or the described information, as applicable, in the
possession of the department or governmental unit is subject to and
confidential under Subsection (a) and may be disclosed to any other
person only to the extent that the member of the legislature or
lieutenant governor elects to disclose the record or the described
information.
(d) If the department or governmental unit that is a
"covered entity" under Section 181.001(b), Health and Safety Code,
receives a request for public information under Chapter 552, and
information subject to the request is information described by
Subsection (c), the department or governmental unit shall promptly
notify, in writing or by electronic means, the member of the
legislature or the lieutenant governor, as applicable, that the
department or governmental entity received the request. The
notification must specify the type of information that is requested
and include a copy of the request.
SECTION 2. Section 306.004, Government Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) If a member of the legislature or the lieutenant
governor discloses to the Department of Family and Protective
Services or a governmental unit that is a "covered entity" under
Section 181.001(b), Health and Safety Code, a communication to
which this section applies or communicates to the department or
governmental unit a description of the information contained in the
communication that identifies or would tend to identify the citizen
of this state who communicated with the member or lieutenant
governor, the communication or the described information, as
applicable, in the possession of the department or governmental
unit is subject to and confidential under this section and may be
disclosed to another person only to the extent that the member of
the legislature or lieutenant governor elects to disclose the
communication or the described information.
(e) If the department or governmental unit that is a
"covered entity" under Section 181.001(b), Health and Safety Code,
receives a request for public information under Chapter 552, and
information subject to the request is information described by
Subsection (d), the department or governmental unit shall promptly
notify, in writing or by electronic means, the member of the
legislature or the lieutenant governor, as applicable, that the
department or governmental entity received the request. The
notification must specify the type of information that is requested
and include a copy of the request.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 367 was passed by the House on May 2,
2013, by the following vote: Yeas 144, Nays 3, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 367 on May 22, 2013, by the following vote: Yeas 146, Nays 1, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 367 was passed by the Senate, with
amendments, on May 17, 2013, by the following vote: Yeas 29, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor