83R2845 SGA-D
By: Capriglione H.B. No. 526
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of information held by a public
retirement system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 552.0038(b), (h), and (i), Government
Code, are amended to read as follows:
(b) Except as provided by this section [Subsections (c)
through (i)], the governing body of a public retirement system is
subject to this chapter in the same manner as a governmental body.
(h) [The retirement system has sole discretion in
determining whether a record is subject to this section.] For
purposes of this section, a record includes any identifying
information about a person, living or deceased, who is or was a
member, annuitant, retiree, beneficiary, alternate payee, program
participant, or person eligible for benefits from the retirement
system under any retirement plan or program administered by the
retirement system.
(i) To the extent of a conflict between this section and any
other law with respect to the confidential information held by a
public retirement system [or other entity described by Subsection
(c)] concerning an individual member, annuitant, retiree,
beneficiary, alternate payee, program participant, or person
eligible for benefits from the retirement system, this section
prevails [the prevailing provision is the provision that provides
the greater substantive and procedural protection for the privacy
of information concerning that individual member, annuitant,
retiree, beneficiary, alternate payee, program participant, or
person eligible for benefits].
SECTION 2. Section 552.0038(c), Government Code, is
repealed.
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.