| 1 | 1 | | By: Ortega H.B. No. 3053 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the availability of certain dates of birth under the |
|---|
| 7 | 7 | | public information law. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 552.022(a), Government Code, is amended |
|---|
| 10 | 10 | | to read as follows: |
|---|
| 11 | 11 | | (a) Without limiting the amount or kind of information that |
|---|
| 12 | 12 | | is public information under this chapter, the following categories |
|---|
| 13 | 13 | | of information are public information and not excepted from |
|---|
| 14 | 14 | | required disclosure unless made confidential under this chapter or |
|---|
| 15 | 15 | | other law: |
|---|
| 16 | 16 | | (1) a completed report, audit, evaluation, or |
|---|
| 17 | 17 | | investigation made of, for, or by a governmental body, except as |
|---|
| 18 | 18 | | provided by Section 552.108; |
|---|
| 19 | 19 | | (2) the name, sex, ethnicity, salary, title, and dates |
|---|
| 20 | 20 | | of employment of each employee and officer of a governmental body; |
|---|
| 21 | 21 | | (3) information in an account, voucher, or contract |
|---|
| 22 | 22 | | relating to the receipt or expenditure of public or other funds by a |
|---|
| 23 | 23 | | governmental body; |
|---|
| 24 | 24 | | (4) the name of each official and the final record of |
|---|
| 25 | 25 | | voting on all proceedings in a governmental body; |
|---|
| 26 | 26 | | (5) all working papers, research material, and |
|---|
| 27 | 27 | | information used to estimate the need for or expenditure of public |
|---|
| 28 | 28 | | funds or taxes by a governmental body, on completion of the |
|---|
| 29 | 29 | | estimate; |
|---|
| 30 | 30 | | (6) the name, place of business, and the name of the |
|---|
| 31 | 31 | | municipality to which local sales and use taxes are credited, if |
|---|
| 32 | 32 | | any, for the named person, of a person reporting or paying sales and |
|---|
| 33 | 33 | | use taxes under Chapter 151, Tax Code; |
|---|
| 34 | 34 | | (7) a description of an agency's central and field |
|---|
| 35 | 35 | | organizations, including: |
|---|
| 36 | 36 | | (A) the established places at which the public |
|---|
| 37 | 37 | | may obtain information, submit information or requests, or obtain |
|---|
| 38 | 38 | | decisions; |
|---|
| 39 | 39 | | (B) the employees from whom the public may obtain |
|---|
| 40 | 40 | | information, submit information or requests, or obtain decisions; |
|---|
| 41 | 41 | | (C) in the case of a uniformed service, the |
|---|
| 42 | 42 | | members from whom the public may obtain information, submit |
|---|
| 43 | 43 | | information or requests, or obtain decisions; and |
|---|
| 44 | 44 | | (D) the methods by which the public may obtain |
|---|
| 45 | 45 | | information, submit information or requests, or obtain decisions; |
|---|
| 46 | 46 | | (8) a statement of the general course and method by |
|---|
| 47 | 47 | | which an agency's functions are channeled and determined, including |
|---|
| 48 | 48 | | the nature and requirements of all formal and informal policies and |
|---|
| 49 | 49 | | procedures; |
|---|
| 50 | 50 | | (9) a rule of procedure, a description of forms |
|---|
| 51 | 51 | | available or the places at which forms may be obtained, and |
|---|
| 52 | 52 | | instructions relating to the scope and content of all papers, |
|---|
| 53 | 53 | | reports, or examinations; |
|---|
| 54 | 54 | | (10) a substantive rule of general applicability |
|---|
| 55 | 55 | | adopted or issued by an agency as authorized by law, and a statement |
|---|
| 56 | 56 | | of general policy or interpretation of general applicability |
|---|
| 57 | 57 | | formulated and adopted by an agency; |
|---|
| 58 | 58 | | (11) each amendment, revision, or repeal of |
|---|
| 59 | 59 | | information described by Subdivisions (7)-(10); |
|---|
| 60 | 60 | | (12) final opinions, including concurring and |
|---|
| 61 | 61 | | dissenting opinions, and orders issued in the adjudication of |
|---|
| 62 | 62 | | cases; |
|---|
| 63 | 63 | | (13) a policy statement or interpretation that has |
|---|
| 64 | 64 | | been adopted or issued by an agency; |
|---|
| 65 | 65 | | (14) administrative staff manuals and instructions to |
|---|
| 66 | 66 | | staff that affect a member of the public; |
|---|
| 67 | 67 | | (15) information regarded as open to the public under |
|---|
| 68 | 68 | | an agency's policies; |
|---|
| 69 | 69 | | (16) information that is in a bill for attorney's fees |
|---|
| 70 | 70 | | and that is not privileged under the attorney-client privilege; |
|---|
| 71 | 71 | | (17) information that is also contained in a public |
|---|
| 72 | 72 | | court record; [and] |
|---|
| 73 | 73 | | (18) a settlement agreement to which a governmental |
|---|
| 74 | 74 | | body is a party; and |
|---|
| 75 | 75 | | (19) the date of birth of a person who is or has been |
|---|
| 76 | 76 | | confined in a city or county jail or in a correctional facility |
|---|
| 77 | 77 | | operated by or under contract with the Texas Department of Criminal |
|---|
| 78 | 78 | | Justice contained in a record of a law enforcement agency or |
|---|
| 79 | 79 | | criminal justice agency. |
|---|
| 80 | 80 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 81 | 81 | | a request for information that is received by a governmental body or |
|---|
| 82 | 82 | | an officer for public information on or after the effective date of |
|---|
| 83 | 83 | | this Act. A request for information that was received before the |
|---|
| 84 | 84 | | effective date of this Act is governed by the law in effect on the |
|---|
| 85 | 85 | | date the request was received, and the former law is continued in |
|---|
| 86 | 86 | | effect for that purpose. |
|---|
| 87 | 87 | | SECTION 3. This Act takes effect September 1, 2017. |
|---|