Texas 2019 - 86th Regular

Texas Senate Bill SB944 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 944
	1	+	By: Watson, et al. S.B. No. 944
	2	+	(Capriglione)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the public information law.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Section 552.002, Government Code, is amended by
8	10		adding Subsection (d) to read as follows:
9	11		(d) "Protected health information" as defined by Section
10	12		181.006, Health and Safety Code, is not public information and is
11	13		not subject to disclosure under this chapter.
12	14		SECTION 2. Section 552.003, Government Code, is amended by
13	15		adding Subdivision (7) to read as follows:
14	16		(7) "Temporary custodian" means an officer or employee
15	17		of a governmental body who, in the transaction of official
16	18		business, creates or receives public information that the officer
17	19		or employee has not provided to the officer for public information
18	20		of the governmental body or the officer's agent. The term includes
19	21		a former officer or employee of a governmental body who created or
20	22		received public information in the officer's or employee's official
21	23		capacity that has not been provided to the officer for public
22	24		information of the governmental body or the officer's agent.
23	25		SECTION 3. Section 552.004, Government Code, is amended to
24	26		read as follows:
25	27		Sec. 552.004. PRESERVATION OF INFORMATION. (a) A
26	28		governmental body or, for information of an elective county office,
27	29		the elected county officer, may determine a time for which
28	30		information that is not currently in use will be preserved, subject
29	31		to Subsection (b) and to any applicable rule or law governing the
30	32		destruction and other disposition of state and local government
31	33		records or public information.
32	34		(b) A current or former officer or employee of a
33	35		governmental body who maintains public information on a privately
34	36		owned device shall:
35	37		(1) forward or transfer the public information to the
36	38		governmental body or a governmental body server to be preserved as
37	39		provided by Subsection (a); or
38	40		(2) preserve the public information in its original
39	41		form in a backup or archive and on the privately owned device for
40	42		the time described under Subsection (a).
41	43		(c) The provisions of Chapter 441 of this code and Title 6,
42	44		Local Government Code, governing the preservation, destruction, or
43	45		other disposition of records or public information apply to records
44	46		and public information held by a temporary custodian.
45	47		SECTION 4. Subchapter C, Chapter 552, Government Code, is
46	48		amended by adding Section 552.159 to read as follows:
47	49		Sec. 552.159. EXCEPTION: CONFIDENTIALITY OF CERTAIN
48	50		INFORMATION PROVIDED BY OUT-OF-STATE HEALTH CARE PROVIDER.
49	51		Information obtained by a governmental body that was provided by an
50	52		out-of-state health care provider in connection with a quality
51	53		management, peer review, or best practices program that the
52	54		out-of-state health care provider pays for is confidential and
53	55		excepted from the requirements of Section 552.021.
54	56		SECTION 5. Section 552.203, Government Code, is amended to
55	57		read as follows:
56	58		Sec. 552.203. GENERAL DUTIES OF OFFICER FOR PUBLIC
57	59		INFORMATION. Each officer for public information, subject to
58	60		penalties provided in this chapter, shall:
59	61		(1) make public information available for public
60	62		inspection and copying;
61	63		(2) carefully protect public information from
62	64		deterioration, alteration, mutilation, loss, or unlawful removal;
63	65		[and]
64	66		(3) repair, renovate, or rebind public information as
65	67		necessary to maintain it properly; and
66	68		(4) make reasonable efforts to obtain public
67	69		information from a temporary custodian if:
68	70		(A) the information has been requested from the
69	71		governmental body;
70	72		(B) the officer for public information is aware
71	73		of facts sufficient to warrant a reasonable belief that the
72	74		temporary custodian has possession, custody, or control of the
73	75		information;
74	76		(C) the officer for public information is unable
75	77		to comply with the duties imposed by this chapter without obtaining
76	78		the information from the temporary custodian; and
77	79		(D) the temporary custodian has not provided the
78	80		information to the officer for public information or the officer's
79	81		agent.
80	82		SECTION 6. Subchapter E, Chapter 552, Government Code, is
81	83		amended by adding Sections 552.233, 552.234, and 552.235 to read as
82	84		follows:
83	85		Sec. 552.233. OWNERSHIP OF PUBLIC INFORMATION. (a) A
84	86		current or former officer or employee of a governmental body does
85	87		not have, by virtue of the officer's or employee's position or
86	88		former position, a personal or property right to public information
87	89		the officer or employee created or received while acting in an
88	90		official capacity.
89	91		(b) A temporary custodian with possession, custody, or
90	92		control of public information shall surrender or return the
91	93		information to the governmental body not later than the 10th day
92	94		after the date the officer for public information of the
93	95		governmental body or the officer's agent requests the temporary
94	96		custodian to surrender or return the information.
95	97		(c) A temporary custodian's failure to surrender or return
96	98		public information as required by Subsection (b) is grounds for
97	99		disciplinary action by the governmental body that employs the
98	100		temporary custodian or any other applicable penalties provided by
99	101		this chapter or other law.
100	102		(d) For purposes of the application of Subchapter G to
101	103		information surrendered or returned to a governmental body by a
102	104		temporary custodian under Subsection (b), the governmental body is
103	105		considered to receive the request for that information on the date
104	106		the information is surrendered or returned to the governmental
105	107		body.
106	108		Sec. 552.234. METHOD OF MAKING WRITTEN REQUEST FOR PUBLIC
107	109		INFORMATION. (a) A person may make a written request for public
108	110		information under this chapter only by delivering the request by
109	111		one of the following methods to the applicable officer for public
110	112		information or a person designated by that officer:
111	113		(1) United States mail;
112	114		(2) electronic mail;
113	115		(3) hand delivery; or
114	116		(4) any other appropriate method approved by the
115	117		governmental body, including:
116	118		(A) facsimile transmission; and
117	119		(B) electronic submission through the
118	120		governmental body's Internet website.
119	121		(b) For the purpose of Subsection (a)(4), a governmental
120	122		body is considered to have approved a method described by that
121	123		subdivision only if the governmental body includes a statement that
122	124		a request for public information may be made by that method on:
123	125		(1) the sign required to be displayed by the
124	126		governmental body under Section 552.205; or
125	127		(2) the governmental body's Internet website.
126	128		(c) A governmental body may designate one mailing address
127	129		and one electronic mail address for receiving written requests for
128	130		public information. The governmental body shall provide the
129	131		designated mailing address and electronic mailing address to any
130	132		person on request.
131	133		(d) A governmental body that posts the mailing address and
132	134		electronic mail address designated by the governmental body under
133	135		Subsection (c) on the governmental body's Internet website or that
134	136		prints those addresses on the sign required to be displayed by the
135	137		governmental body under Section 552.205 is not required to respond
136	138		to a written request for public information unless the request is
137	139		received:
138	140		(1) at one of those addresses;
139	141		(2) by hand delivery; or
140	142		(3) by a method described by Subsection (a)(4) that
141	143		has been approved by the governmental body.
142	144		Sec. 552.235. PUBLIC INFORMATION REQUEST FORM. (a) The
143	145		attorney general shall create a public information request form
144	146		that provides a requestor the option of excluding from a request
145	147		information that the governmental body determines is:
146	148		(1) confidential; or
147	149		(2) subject to an exception to disclosure that the
148	150		governmental body would assert if the information were subject to
149	151		the request.
150	152		(b) A governmental body that allows requestors to use the
151	153		form described by Subsection (a) and maintains an Internet website
152	154		shall post the form on its website.
153	155		SECTION 7. Section 552.301(c), Government Code, is
154	156		repealed.
155	157		SECTION 8. The changes in law made by this Act apply only to
156	158		a request for public information received on or after the effective
157	159		date of this Act. A request for public information received before
158	160		the effective date of this Act is governed by the law in effect when
159	161		the request was received, and the former law is continued in effect
160	162		for that purpose.
161	163		SECTION 9. The attorney general shall create a public
162	164		information request form under Section 552.235(a), Government
163	165		Code, as added by this Act, not later than October 1, 2019.
164	166		SECTION 10. This Act takes effect September 1, 2019.
165		-	______________________________ ______________________________
166		-	President of the Senate Speaker of the House
167		-	I hereby certify that S.B. No. 944 passed the Senate on
168		-	April 10, 2019, by the following vote: Yeas 29, Nays 1;
169		-	May 20, 2019, Senate refused to concur in House amendments and
170		-	requested appointment of Conference Committee; May 22, 2019, House
171		-	granted request of the Senate; May 26, 2019, Senate adopted
172		-	Conference Committee Report by the following vote: Yeas 31,
173		-	Nays 0.
174		-	______________________________
175		-	Secretary of the Senate
176		-	I hereby certify that S.B. No. 944 passed the House, with
177		-	amendments, on May 15, 2019, by the following vote: Yeas 145,
178		-	Nays 0, two present not voting; May 22, 2019, House granted request
179		-	of the Senate for appointment of Conference Committee;
180		-	May 26, 2019, House adopted Conference Committee Report by the
181		-	following vote: Yeas 145, Nays 0, one present not voting.
182		-	______________________________
183		-	Chief Clerk of the House
184		-	Approved:
185		-	______________________________
186		-	Date
187		-	______________________________
188		-	Governor