Texas 2019 - 86th Regular

Texas House Bill HB2191 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R23110 TJB-D
2	1		By: Capriglione H.B. No. 2191
3		-	Substitute the following for H.B. No. 2191:
4		-	By: Hernandez C.S.H.B. No. 2191
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the public information law.
10	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11		-	SECTION 1. Section 552.002, Government Code, is amended by
12		-	adding Subsection (d) to read as follows:
13		-	(d) "Protected health information" as defined by Section
14		-	181.006, Health and Safety Code, is not public information and is
15		-	not subject to disclosure under this chapter.
16		-	SECTION 2. Section 552.003, Government Code, is amended by
	8	+	SECTION 1. Section 552.003, Government Code, is amended by
17	9		adding Subdivision (7) to read as follows:
18	10		(7) "Temporary custodian" means an officer or employee
19	11		of a governmental body who, in the transaction of official
20	12		business, creates or receives public information that the officer
21	13		or employee has not provided to the officer for public information
22	14		of the governmental body or the officer's agent. The term includes
23	15		a former officer or employee of a governmental body who created or
24		-	received public information in the officer's or employee's ~~official~~
25		-	capacity that has not been provided to the officer for ~~public~~
26		-	information of the governmental body or the officer's agent.
27		-	SECTION 3. Section 552.004, Government Code, is amended to
	16	+	received public information in the officer's or employee's
	17	+	official capacity that has not been provided to the officer for
	18	+	public information of the governmental body or the officer's agent.
	19	+	SECTION 2. Section 552.004, Government Code, is amended to
28	20		read as follows:
29	21		Sec. 552.004. PRESERVATION OF INFORMATION. (a) A
30	22		governmental body or, for information of an elective county office,
31	23		the elected county officer, may determine a time for which
32	24		information that is not currently in use will be preserved, subject
33	25		to Subsection (b) and to any applicable rule or law governing the
34	26		destruction and other disposition of state and local government
35	27		records or public information.
36	28		(b) A current or former officer or employee of a
37	29		governmental body who maintains public information on a privately
38	30		owned device shall:
39	31		(1) forward or transfer the public information to the
40	32		governmental body or a governmental body server to be preserved as
41	33		provided by Subsection (a); or
42	34		(2) preserve the public information in its original
43		-	form ~~in a backup or archive and~~ on the privately owned device for
44		-	~~the time described under~~ Subsection (a).
	35	+	form on the privately owned device for the time described under
	36	+	Subsection (a).
45	37		(c) The provisions of Chapter 441 of this code and Title 6,
46	38		Local Government Code, governing the preservation, destruction, or
47	39		other disposition of records or public information apply to records
48	40		and public information held by a temporary custodian.
	41	+	SECTION 3. Subchapter C, Chapter 552, Government Code, is
	42	+	amended by adding Section 552.159 to read as follows:
	43	+	Sec. 552.159. EXCEPTION: CONFIDENTIALITY OF CERTAIN
	44	+	HEALTHCARE INFORMATION. A record of the identity, diagnosis,
	45	+	evaluation, or treatment of a patient by a physician or hospital
	46	+	that is created or maintained by a physician or hospital is
	47	+	confidential and excepted from the requirements of Section 552.021.
49	48		SECTION 4. Section 552.203, Government Code, is amended to
50	49		read as follows:
51	50		Sec. 552.203. GENERAL DUTIES OF OFFICER FOR PUBLIC
52	51		INFORMATION. Each officer for public information, subject to
53	52		penalties provided in this chapter, shall:
54	53		(1) make public information available for public
55	54		inspection and copying;
56	55		(2) carefully protect public information from
57	56		deterioration, alteration, mutilation, loss, or unlawful removal;
58	57		[and]
59	58		(3) repair, renovate, or rebind public information as
60	59		necessary to maintain it properly; and
61	60		(4) make reasonable efforts to obtain public
62	61		information from a temporary custodian if:
63	62		(A) the information has been requested from the
64	63		governmental body;
65	64		(B) the officer for public information is aware
66	65		of facts sufficient to warrant a reasonable belief that the
67	66		temporary custodian has possession, custody, or control of the
68	67		information;
69	68		(C) the officer for public information is unable
70	69		to comply with the duties imposed by this chapter without obtaining
71	70		the information from the temporary custodian; and
72	71		(D) the temporary custodian has not provided the
73	72		information to the officer for public information or the officer's
74	73		agent.
75	74		SECTION 5. Subchapter E, Chapter 552, Government Code, is
76	75		amended by adding Sections 552.233, 552.234, and 552.235 to read as
77	76		follows:
78	77		Sec. 552.233. OWNERSHIP OF PUBLIC INFORMATION. (a) A
79	78		current or former officer or employee of a governmental body does
80	79		not have, by virtue of the officer's or employee's position or
81	80		former position, a personal or property right to public information
82	81		the officer or employee created or received while acting in an
83	82		official capacity.
84	83		(b) A temporary custodian with possession, custody, or
85	84		control of public information shall surrender or return the
86	85		information to the governmental body not later than the 10th day
87	86		after the date the officer for public information of the
88	87		governmental body or the officer's agent requests the temporary
89	88		custodian to surrender or return the information.
90	89		(c) A temporary custodian's failure to surrender or return
91	90		public information as required by Subsection (b) is grounds for
92	91		disciplinary action by the governmental body that employs the
93	92		temporary custodian or any other applicable penalties provided by
94	93		this chapter or other law.
95	94		(d) For purposes of the application of Subchapter G to
96	95		information surrendered or returned to a governmental body by a
97	96		temporary custodian under Subsection (b), the governmental body is
98	97		considered to receive the request for that information on the date
99	98		the information is surrendered or returned to the governmental
100	99		body.
101		-	Sec. 552.234. METHOD OF MAKING WRITTEN REQUEST FOR PUBLIC
102		-	INFORMATION. (a) A person may make a written request for public
103		-	information under this chapter only by delivering the request by
104		-	one of the following methods to the applicable officer for public
105		-	information or a person designated by that officer:
106		-	(1) United States mail;
107		-	(2) electronic mail;
108		-	(3) hand delivery; or
109		-	(4) any other appropriate method approved by the
110		-	governmental body, including:
111		-	(A) facsimile transmission; and
112		-	(B) electronic submission through the
113		-	governmental body's Internet website.
114		-	(b) For the purpose of Subsection (a)(4), a governmental
115		-	body is considered to have approved a method described by that
116		-	subdivision only if the governmental body includes a statement that
117		-	a request for public information may be made by that method on:
118		-	(1) the sign required to be displayed by the
119		-	governmental body under Section 552.205; or
120		-	(2) the governmental body's Internet website.
121		-	(c) A governmental body may designate one mailing address
122		-	and one electronic mail address for receiving written requests for
123		-	public information. The governmental body shall provide the
124		-	designated mailing address and electronic mailing address to any
125		-	person on request.
126		-	(d) A governmental body that posts the mailing address and
127		-	electronic mail address designated by the governmental body under
128		-	Subsection (c) on the governmental body's Internet website or that
129		-	prints those addresses on the sign required to be displayed by the
130		-	governmental body under Section 552.205 is not required to respond
131		-	to a written request for public information unless the request is
132		-	received:
133		-	(1) at one of those addresses;
134		-	(2) by hand delivery; or
135		-	(3) by a method described by Subsection (a)(4) that
136		-	has been approved by the governmental body.
	100	+	Sec. 552.234. DESIGNATED ELECTRONIC MAIL AND MAILING
	101	+	ADDRESSES FOR PUBLIC INFORMATION REQUESTS. A governmental body may
	102	+	designate one electronic mail address and one mailing address for
	103	+	receiving written requests for public information. If an inquiry
	104	+	is made to a governmental body regarding the procedures for
	105	+	requesting public information, the governmental body shall provide
	106	+	the designated electronic mail and mailing addresses. A
	107	+	governmental body that posts the designated electronic mail and
	108	+	mailing addresses on the governmental body's Internet website is
	109	+	not required to respond to a written request for public information
	110	+	that is not received at one of those addresses.
137	111		Sec. 552.235. PUBLIC INFORMATION REQUEST FORM. (a) The
138	112		attorney general shall create a public information request form
139	113		that provides a requestor the option of excluding from a request
140	114		information that the governmental body determines is:
141	115		(1) confidential; or
142	116		(2) subject to an exception to disclosure that the
143	117		governmental body would assert if the information were subject to
144	118		the request.
145	119		(b) A governmental body that allows requestors to use the
146	120		form described by Subsection (a) and maintains an Internet website
147	121		shall post the form on its website.
148		-	SECTION 6. Section 552.301(c), Government Code, is
149		-	repealed.
150		-	SECTION 7. The changes in law made by this Act apply only to
	122	+	SECTION 6. Section 552.301(c), Government Code, is amended
	123	+	to read as follows:
	124	+	(c) For purposes of this subchapter and subject to Section
	125	+	552.234, a written request includes a request made in writing that
	126	+	is sent to the officer for public information, or the person
	127	+	designated by that officer, by electronic mail or facsimile
	128	+	transmission.
	129	+	SECTION 7. The attorney general shall create a public
	130	+	information request form under Section 552.235(a), Government
	131	+	Code, as added by this Act, not later than October 1, 2019.
	132	+	SECTION 8. The changes in law made by this Act apply only to
151	133		a request for public information received on or after the effective
152	134		date of this Act. A request for public information received before
153	135		the effective date of this Act is governed by the law in effect when
154	136		the request was received, and the former law is continued in effect
155	137		for that purpose.
156		-	SECTION 8. The attorney general shall create a public
157		-	information request form under Section 552.235(a), Government
158		-	Code, as added by this Act, not later than October 1, 2019.
159	138		SECTION 9. This Act takes effect September 1, 2019.