| 1 | 1 | | 85R5286 MCK-D |
|---|
| 2 | 2 | | By: Raney H.B. No. 760 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to excepting the date of birth of a living person from |
|---|
| 8 | 8 | | required disclosure under the public information law. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter C, Chapter 552, Government Code, is |
|---|
| 11 | 11 | | amended by adding Section 552.157 to read as follows: |
|---|
| 12 | 12 | | Sec. 552.157. EXCEPTION: DATES OF BIRTH. (a) The date of |
|---|
| 13 | 13 | | birth of a living person is excepted from the requirements of |
|---|
| 14 | 14 | | Section 552.021 but is not confidential under this section, and |
|---|
| 15 | 15 | | this section does not make the date of birth of a living person |
|---|
| 16 | 16 | | confidential under another provision of this chapter or other law. |
|---|
| 17 | 17 | | (b) A governmental body may redact the date of birth of a |
|---|
| 18 | 18 | | living person from any information the governmental body discloses |
|---|
| 19 | 19 | | under Section 552.021 without the necessity of requesting a |
|---|
| 20 | 20 | | decision from the attorney general under Subchapter G. |
|---|
| 21 | 21 | | (c) Notwithstanding any other law, a county or district |
|---|
| 22 | 22 | | clerk and a municipal clerk or secretary may disclose in the |
|---|
| 23 | 23 | | ordinary course of business a person's date of birth that is |
|---|
| 24 | 24 | | contained in information held by the clerk's or secretary's office, |
|---|
| 25 | 25 | | and that disclosure is not official misconduct and does not subject |
|---|
| 26 | 26 | | the clerk or secretary to civil or criminal liability of any kind |
|---|
| 27 | 27 | | under the law of this state, including any claim for damages in a |
|---|
| 28 | 28 | | lawsuit or the criminal penalty imposed by Section 552.352. |
|---|
| 29 | 29 | | SECTION 2. Section 552.157, Government Code, as added by |
|---|
| 30 | 30 | | this Act, applies to a request for information received by a |
|---|
| 31 | 31 | | governmental body or an officer for public information without |
|---|
| 32 | 32 | | regard to whether the request was received before, on, or after the |
|---|
| 33 | 33 | | effective date of this Act. |
|---|
| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2017. |
|---|