Texas 2025 89th Regular

Texas Senate Bill SB370 Analysis / Analysis

Filed 02/14/2025

                    BILL ANALYSIS        Senate Research Center   S.B. 370     89R2735 TJB-D   By: Perry         Business & Commerce         2/13/2025         As Filed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   Current confidentiality statutes contain lists of certain government employees that are allowed to exempt their name from public discourse on state records and in property tax appraisal records. These statutes help ensure that these government employees can keep their home addresses and personal identifying information confidential if they choose to do so.   Current law only provides these confidentiality protections to a few limited divisions at the office of the attorney general. The proposed legislation allows all current or former employees of the office of the attorney general to obtain these confidentiality protections, regardless of which division they worked in at the agency. Additionally, this bill extends these protections to the spouse and children of employees of the office of the attorney general. Several other government agencies have already extended these confidentiality protections to spouses and children. This legislation simply provides parity for the office of the attorney general with other agencies.   As proposed, S.B. 370 amends current law relating to the availability of certain personal information of a child, spouse, or surviving spouse of a current or former employee of the office of the attorney general.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Sections 552.117(a) and (c), Government Code, as follows:   (a) Provides that information is excepted from the requirements of Section 552.021 (Availability of Public Information) if it is information that relates to the home address, home telephone number, emergency contact information, or social security number of the following person or that reveals whether the person has family members:   (1)-(6) makes no changes to these subdivisions;   (7) a current or former employee of the Office of the Attorney General (OAG) and a family member of the current or former employee, rather than a current or former employee of OAG who is or was assigned to a division of that office the duties of which involve law enforcement or are performed under Chapter 231 (Title IV-D Services), Family Code, regardless of whether the person, rather than the current or former employee, complies with Section 552.024 (Electing to Disclose Address and Telephone Number) or 552.1175 (Exception: Confidentiality of Certain Personal Identifying Information of Peace Officers and Other Officials Performing Sensitive Governmental Functions); or   (8)-(19) makes no changes to these subdivisions.   (c) Redefines "family member."   SECTION 2. Amends Section 552.1175, Government Code, by amending Subsections (a) and (f) and adding Subsections (b-1) and (i), as follows:   (a) Makes conforming and nonsubstantive changes to this subsection.   (b-1) Provides that information included in a form submitted under Subsection (b) (relating to providing that certain information is confidential and is prohibited from being disclosed to the public if the individual chooses to restrict public access to the information) and any supplemental information included as part of the submission are confidential and not subject to disclosure under Chapter 552 (Public Information).   (f) Authorizes a governmental body to redact information that is required to be withheld under Subsection (b) or (b-1) from any information the governmental body discloses under Section 552.021 without the necessity of requesting a decision from the attorney general under Subchapter G (Attorney General Decisions).   (i) Defines "family member."   SECTION 3. Reenacts Section 25.025(a), Tax Code, as amended by Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B. 4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular Session, 2023, and amends it to make conforming and nonsubstantive changes.   SECTION 4. Amends Section 25.025(a-1)(1), Tax Code, to redefine "family member."   SECTION 5. Provides that, to the extent of any conflict, this Act prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.   SECTION 6. Makes application of this Act prospective.   SECTION 7. Effective date: September 1, 2025. 

BILL ANALYSIS

 

 

Senate Research Center S.B. 370
89R2735 TJB-D By: Perry
 Business & Commerce
 2/13/2025
 As Filed

Senate Research Center

S.B. 370

89R2735 TJB-D

By: Perry

 

Business & Commerce

 

2/13/2025

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current confidentiality statutes contain lists of certain government employees that are allowed to exempt their name from public discourse on state records and in property tax appraisal records. These statutes help ensure that these government employees can keep their home addresses and personal identifying information confidential if they choose to do so.

 

Current law only provides these confidentiality protections to a few limited divisions at the office of the attorney general. The proposed legislation allows all current or former employees of the office of the attorney general to obtain these confidentiality protections, regardless of which division they worked in at the agency. Additionally, this bill extends these protections to the spouse and children of employees of the office of the attorney general. Several other government agencies have already extended these confidentiality protections to spouses and children. This legislation simply provides parity for the office of the attorney general with other agencies.

 

As proposed, S.B. 370 amends current law relating to the availability of certain personal information of a child, spouse, or surviving spouse of a current or former employee of the office of the attorney general.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Sections 552.117(a) and (c), Government Code, as follows:

 

(a) Provides that information is excepted from the requirements of Section 552.021 (Availability of Public Information) if it is information that relates to the home address, home telephone number, emergency contact information, or social security number of the following person or that reveals whether the person has family members:

 

(1)-(6) makes no changes to these subdivisions;

 

(7) a current or former employee of the Office of the Attorney General (OAG) and a family member of the current or former employee, rather than a current or former employee of OAG who is or was assigned to a division of that office the duties of which involve law enforcement or are performed under Chapter 231 (Title IV-D Services), Family Code, regardless of whether the person, rather than the current or former employee, complies with Section 552.024 (Electing to Disclose Address and Telephone Number) or 552.1175 (Exception: Confidentiality of Certain Personal Identifying Information of Peace Officers and Other Officials Performing Sensitive Governmental Functions); or

 

(8)-(19) makes no changes to these subdivisions.

 

(c) Redefines "family member."

 

SECTION 2. Amends Section 552.1175, Government Code, by amending Subsections (a) and (f) and adding Subsections (b-1) and (i), as follows:

 

(a) Makes conforming and nonsubstantive changes to this subsection.

 

(b-1) Provides that information included in a form submitted under Subsection (b) (relating to providing that certain information is confidential and is prohibited from being disclosed to the public if the individual chooses to restrict public access to the information) and any supplemental information included as part of the submission are confidential and not subject to disclosure under Chapter 552 (Public Information).

 

(f) Authorizes a governmental body to redact information that is required to be withheld under Subsection (b) or (b-1) from any information the governmental body discloses under Section 552.021 without the necessity of requesting a decision from the attorney general under Subchapter G (Attorney General Decisions).

 

(i) Defines "family member."

 

SECTION 3. Reenacts Section 25.025(a), Tax Code, as amended by Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B. 4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular Session, 2023, and amends it to make conforming and nonsubstantive changes.

 

SECTION 4. Amends Section 25.025(a-1)(1), Tax Code, to redefine "family member."

 

SECTION 5. Provides that, to the extent of any conflict, this Act prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.

 

SECTION 6. Makes application of this Act prospective.

 

SECTION 7. Effective date: September 1, 2025.