| 1 | 1 | | 83R2565 AED-D |
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| 2 | 2 | | By: Martinez H.B. No. 367 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the disclosure by a member of the legislature or the |
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| 8 | 8 | | lieutenant governor of certain information concerning a resident of |
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| 9 | 9 | | this state to a governmental body. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 306.003, Government Code, is amended by |
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| 12 | 12 | | adding Subsection (c) to read as follows: |
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| 13 | 13 | | (c) If a member of the legislature or the lieutenant |
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| 14 | 14 | | governor discloses to the Department of Family and Protective |
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| 15 | 15 | | Services or a governmental unit that is a "covered entity" under |
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| 16 | 16 | | Section 181.001(b), Health and Safety Code, all or part of a record |
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| 17 | 17 | | to which Subsection (a) applies or communicates to the department |
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| 18 | 18 | | or governmental unit a description of the information contained in |
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| 19 | 19 | | the record that identifies or would tend to identify the resident of |
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| 20 | 20 | | this state who communicated with the member or lieutenant governor, |
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| 21 | 21 | | the record or the described information, as applicable, in the |
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| 22 | 22 | | possession of the department or governmental unit is subject to and |
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| 23 | 23 | | confidential under Subsection (a) and may be disclosed to any other |
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| 24 | 24 | | person only to the extent that the member of the legislature or |
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| 25 | 25 | | lieutenant governor elects to disclose the record or the described |
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| 26 | 26 | | information. |
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| 27 | 27 | | SECTION 2. Section 306.004, Government Code, is amended by |
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| 28 | 28 | | adding Subsection (d) to read as follows: |
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| 29 | 29 | | (d) If a member of the legislature or the lieutenant |
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| 30 | 30 | | governor discloses to the Department of Family and Protective |
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| 31 | 31 | | Services or a governmental unit that is a "covered entity" under |
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| 32 | 32 | | Section 181.001(b), Health and Safety Code, a communication to |
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| 33 | 33 | | which this section applies or communicates to the department or |
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| 34 | 34 | | governmental unit a description of the information contained in the |
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| 35 | 35 | | communication that identifies or would tend to identify the citizen |
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| 36 | 36 | | of this state who communicated with the member or lieutenant |
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| 37 | 37 | | governor, the communication or the described information, as |
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| 38 | 38 | | applicable, in the possession of the department or governmental |
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| 39 | 39 | | unit is subject to and confidential under this section and may be |
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| 40 | 40 | | disclosed to another person only to the extent that the member of |
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| 41 | 41 | | the legislature or lieutenant governor elects to disclose the |
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| 42 | 42 | | communication or the described information. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2013. |
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