Texas 2021 - 87th Regular

Texas Senate Bill SB858 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 858
	1	+	By: Johnson, et al. S.B. No. 858
	2	+	(Davis)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the disclosure of information collected by a
6	8		metropolitan rapid transit authority, regional transportation
7	9		authority, municipal transit department, or coordinated county
8	10		transportation authority under the public information law.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 451.061, Transportation Code, is amended
11	13		by amending Subsection (f) and adding Subsection (g) to read as
12	14		follows:
13	15		(f) Except as provided by Subsection (g), personal
14	16		[Personal] identifying information collected by an authority is
15	17		confidential and not subject to disclosure under Chapter 552,
16	18		Government Code, including a person's:
17	19		(1) name, address, e-mail address, and phone number;
18	20		(2) account number, password, payment transaction
19	21		activity, toll or charge record, or credit, debit, or other payment
20	22		card number; [and]
21	23		(3) trip data, including the time, date, origin, and
22	24		destination of a trip, and demographic information collected when
23	25		the person purchases a ticket or schedules a trip; and
24	26		(4) other personal [financial] information, including
25	27		financial information.
26	28		(g) Personal identifying information described by
27	29		Subsection (f)(3) may be disclosed to a governmental agency or
28	30		institution of higher education, as defined by Section 61.003,
29	31		Education Code, by an authority if the requestor confirms in
30	32		writing that the use of the information will be strictly limited to
31	33		use in research or in producing statistical reports, but only if the
32	34		information is not published, redisclosed, sold, or used to contact
33	35		any individual.
34	36		SECTION 2. Section 452.061, Transportation Code, is amended
35	37		by amending Subsection (e) and adding Subsection (f) to read as
36	38		follows:
37	39		(e) Except as provided by Subsection (f), personal
38	40		[Personal] identifying information collected by an authority is
39	41		confidential and not subject to disclosure under Chapter 552,
40	42		Government Code, including a person's:
41	43		(1) name, address, e-mail address, and phone number;
42	44		(2) account number, password, payment transaction
43	45		activity, toll or charge record, or credit, debit, or other payment
44	46		card number; [and]
45	47		(3) trip data, including the time, date, origin, and
46	48		destination of a trip, and demographic information collected when
47	49		the person purchases a ticket or schedules a trip; and
48	50		(4) other personal [financial] information, including
49	51		financial information.
50	52		(f) Personal identifying information described by
51	53		Subsection (e)(3) may be disclosed to a governmental agency or
52	54		institution of higher education, as defined by Section 61.003,
53	55		Education Code, by an authority if the requestor confirms in
54	56		writing that the use of the information will be strictly limited to
55	57		use in research or in producing statistical reports, but only if the
56	58		information is not published, redisclosed, sold, or used to contact
57	59		any individual.
58	60		SECTION 3. Section 453.104, Transportation Code, is amended
59	61		to read as follows:
60	62		Sec. 453.104. FARES AND OTHER CHARGES. (a) The board
61	63		shall, after a public hearing, impose reasonable and
62	64		nondiscriminatory fares, tolls, charges, rents, or other
63	65		compensation for the use of the transit department system
64	66		sufficient to produce revenue, together with receipts from taxes
65	67		imposed by the transit department, in an amount adequate to:
66	68		(1) pay all the expenses necessary to operate and
67	69		maintain the transit department system;
68	70		(2) pay when due the principal of and interest on, and
69	71		sinking fund and reserve fund payments agreed to be made with
70	72		respect to, all bonds that are issued by the board and payable in
71	73		whole or part from the revenue; and
72	74		(3) fulfill the terms of any other agreement with the
73	75		holders of bonds described by Subdivision (2) or with a person
74	76		acting on behalf of the bondholders.
75	77		(b) Except as provided by Subsection (c), personal
76	78		identifying information collected by a transit department is
77	79		confidential and not subject to disclosure under Chapter 552,
78	80		Government Code, including a person's:
79	81		(1) name, address, e-mail address, and phone number;
80	82		(2) account number, password, payment transaction
81	83		activity, toll or charge record, or credit, debit, or other payment
82	84		card number;
83	85		(3) trip data, including the time, date, origin, and
84	86		destination of a trip, and demographic information collected when
85	87		the person purchases a ticket or schedules a trip; and
86	88		(4) other personal information, including financial
87	89		information.
88	90		(c) Personal identifying information described by
89	91		Subsection (b)(3) may be disclosed to a governmental agency or
90	92		institution of higher education, as defined by Section 61.003,
91	93		Education Code, by a transit department if the requestor confirms
92	94		in writing that the use of the information will be strictly limited
93	95		to use in research or in producing statistical reports, but only if
94	96		the information is not published, redisclosed, sold, or used to
95	97		contact any individual.
96	98		SECTION 4. Section 460.109, Transportation Code, is amended
97	99		by amending Subsection (e) and adding Subsection (f) to read as
98	100		follows:
99	101		(e) Except as provided by Subsection (f), personal
100	102		[Personal] identifying information collected by an authority is
101	103		confidential and not subject to disclosure under Chapter 552,
102	104		Government Code, including a person's:
103	105		(1) name, address, e-mail address, and phone number;
104	106		(2) account number, password, payment transaction
105	107		activity, toll or charge record, or credit, debit, or other payment
106	108		card number; [and]
107	109		(3) trip data, including the time, date, origin, and
108	110		destination of a trip, and demographic information collected when
109	111		the person purchases a ticket or schedules a trip; and
110	112		(4) other personal [financial] information, including
111	113		financial information.
112	114		(f) Personal identifying information described by
113	115		Subsection (e)(3) may be disclosed to a governmental agency or
114	116		institution of higher education, as defined by Section 61.003,
115	117		Education Code, by an authority if the requestor confirms in
116	118		writing that the use of the information will be strictly limited to
117	119		use in research or in producing statistical reports, but only if the
118	120		information is not published, redisclosed, sold, or used to contact
119	121		any individual.
120	122		SECTION 5. The changes in law made by this Act apply only to
121	123		a request for information that is received by a regional
122	124		transportation authority, metropolitan rapid transit authority,
123	125		municipal transit department, or coordinated county transportation
124	126		authority on or after the effective date of this Act. A request for
125	127		information that was received before the effective date of this Act
126	128		is governed by the law in effect on the date the request was
127	129		received, and the former law is continued in effect for that
128	130		purpose.
129	131		SECTION 6. This Act takes effect immediately if it receives
130	132		a vote of two-thirds of all the members elected to each house, as
131	133		provided by Section 39, Article III, Texas Constitution. If this
132	134		Act does not receive the vote necessary for immediate effect, this
133	135		Act takes effect September 1, 2021.
134		-	______________________________ ______________________________
135		-	President of the Senate Speaker of the House
136		-	I hereby certify that S.B. No. 858 passed the Senate on
137		-	April 19, 2021, by the following vote: Yeas 31, Nays 0.
138		-	______________________________
139		-	Secretary of the Senate
140		-	I hereby certify that S.B. No. 858 passed the House on
141		-	May 11, 2021, by the following vote: Yeas 120, Nays 23, two
142		-	present not voting.
143		-	______________________________
144		-	Chief Clerk of the House
145		-	Approved:
146		-	______________________________
147		-	Date
148		-	______________________________
149		-	Governor