88R24368 BEF-F
By: Longoria H.B. No. 4282
Substitute the following for H.B. No. 4282:
By: Smithee C.S.H.B. No. 4282
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain information maintained
by state licensing agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.1176, Government Code, is amended by
amending Subsection (a) and adding Subsections (d) and (e) to read
as follows:
(a) Information maintained under Chapter 81 is confidential
and may not be disclosed to the public under this chapter if the
information:
(1) is a license application; or
(2) [that] relates to the home address, home telephone
number, electronic mail address, social security number, [or] date
of birth, driver's license number, state identification number,
passport number, emergency contact information, or payment
information of an individual [a person] licensed to practice law in
this state [that is maintained under Chapter 81 is confidential and
may not be disclosed to the public under this chapter if the person
to whom the information relates:
[(1) chooses to restrict public access to the
information; and
[(2) notifies the State Bar of Texas of the person's
choice, in writing or electronically, on a form provided by the
state bar].
(d) Subsection (a) does not make confidential or except from
required public disclosure the name, state bar identification
number, membership class, or eligibility to practice law of an
applicant for a license, a license holder, or an individual who
previously held a license.
(e) To the extent of any conflict, this section prevails
over another law that authorizes or requires the release of
information maintained by the State Bar of Texas.
SECTION 2. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.11765 to read as follows:
Sec. 552.11765. CONFIDENTIALITY OF CERTAIN INFORMATION
MAINTAINED BY STATE LICENSING AUTHORITY. (a) In this section,
"license" means a license, certificate, registration, permit, or
other authorization that:
(1) is issued by a governmental body described by
Section 552.003(1)(A)(i); and
(2) an individual must obtain to practice or engage in
a particular business, occupation, or profession.
(b) Except as provided by Subsections (c) and (d),
information maintained by a governmental body described by Section
552.003(1)(A)(i) is confidential and excepted from the
requirements of Section 552.021 if the information:
(1) is a license application; or
(2) relates to the home address, home telephone
number, electronic mail address, social security number, date of
birth, driver's license number, state identification number,
passport number, emergency contact information, or payment
information of:
(A) an applicant for a license issued by the
governmental body;
(B) an individual who holds a license issued by
the governmental body; or
(C) an individual who previously held a license
issued by the governmental body.
(c) Subsection (b) does not make confidential or except from
required public disclosure the name, license number, or license
status of an applicant for a license, a license holder, or an
individual who previously held a license.
(d) For a license issued under Chapter 42, 43, 103, or 161,
Human Resources Code, or Chapter 142, 242, 247, 248A, 250, or 252,
Health and Safety Code, Subsection (b) does not prohibit the
disclosure of:
(1) the last four digits of the social security number
of a license holder in connection with a verification of
employability or an employee misconduct registry search provided by
the Health and Human Services Commission;
(2) a home address where activity regulated by the
licensing authority occurs; or
(3) an e-mail address or phone number associated with
activity regulated by the licensing authority.
(e) To the extent of any conflict, this section prevails
over another law that authorizes or requires the release of
information maintained by a governmental body.
SECTION 3. Subchapter D, Chapter 507, Occupations Code, is
amended by adding Section 507.161 to read as follows:
Sec. 507.161. CONFIDENTIALITY OF HOME ADDRESS AND TELEPHONE
NUMBER. Except as provided by Section 507.160(d), the home address
and telephone number of a license holder are confidential and not
subject to disclosure under Chapter 552, Government Code.
SECTION 4. Section 552.1176(b), Government Code, is
repealed.
SECTION 5. The changes in law made by this Act apply only to
a request for public information received by a governmental body,
including the State Bar of Texas, or an officer for public
information on or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2023.