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AN ACT
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relating to confidentiality of information held by a public |
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retirement system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 552, Government Code, is |
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amended by adding Section 552.0038 to read as follows: |
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Sec. 552.0038. PUBLIC RETIREMENT SYSTEMS SUBJECT TO LAW. |
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(a) In this section, "governing body of a public retirement system" |
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and "public retirement system" have the meanings assigned those |
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terms by Section 802.001. |
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(b) Except as provided by Subsections (c) through (i), the |
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governing body of a public retirement system is subject to this |
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chapter in the same manner as a governmental body. |
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(c) Records of individual members, annuitants, retirees, |
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beneficiaries, alternate payees, program participants, or persons |
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eligible for benefits from a retirement system under a retirement |
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plan or program administered by the retirement system that are in |
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the custody of the system or in the custody of an administering |
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firm, a carrier, or another governmental agency, including the |
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comptroller, acting in cooperation with or on behalf of the |
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retirement system are confidential and not subject to public |
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disclosure. The retirement system, administering firm, carrier, or |
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governmental agency is not required to accept or comply with a |
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request for a record or information about a record or to seek an |
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opinion from the attorney general because the records are exempt |
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from the provisions of this chapter, except as otherwise provided |
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by this section. |
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(d) Records may be released to a member, annuitant, retiree, |
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beneficiary, alternate payee, program participant, or person |
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eligible for benefits from the retirement system or to an |
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authorized attorney, family member, or representative acting on |
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behalf of the member, annuitant, retiree, beneficiary, alternate |
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payee, program participant, or person eligible for benefits. The |
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retirement system may release the records to: |
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(1) an administering firm, carrier, or agent or |
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attorney acting on behalf of the retirement system; |
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(2) another governmental entity having a legitimate |
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need for the information to perform the purposes of the retirement |
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system; or |
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(3) a party in response to a subpoena issued under |
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applicable law. |
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(e) A record released or received by the retirement system |
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under this section may be transmitted electronically, including |
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through the use of an electronic signature or certification in a |
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form acceptable to the retirement system. An unintentional |
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disclosure to, or unauthorized access by, a third party related to |
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the transmission or receipt of information under this section is |
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not a violation by the retirement system of any law, including a law |
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or rule relating to the protection of confidential information. |
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(f) The records of an individual member, annuitant, |
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retiree, beneficiary, alternate payee, program participant, or |
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person eligible for benefits from the retirement system remain |
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confidential after release to a person as authorized by this |
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section. The records may become part of the public record of an |
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administrative or judicial proceeding related to a contested case, |
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and the member, annuitant, retiree, beneficiary, alternate payee, |
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program participant, or person eligible for benefits waives the |
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confidentiality of the records, including medical records, unless |
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the records are closed to public access by a protective order issued |
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under applicable law. |
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(g) The retirement system may require a person to provide |
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the person's social security number as the system considers |
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necessary to ensure the proper administration of all services, |
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benefits, plans, and programs under the retirement system's |
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administration, oversight, or participation or as otherwise |
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required by state or federal law. |
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(h) The retirement system has sole discretion in |
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determining whether a record is subject to this section. For |
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purposes of this section, a record includes any identifying |
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information about a person, living or deceased, who is or was a |
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member, annuitant, retiree, beneficiary, alternate payee, program |
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participant, or person eligible for benefits from the retirement |
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system under any retirement plan or program administered by the |
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retirement system. |
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(i) To the extent of a conflict between this section and any |
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other law with respect to the confidential information held by a |
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public retirement system or other entity described by Subsection |
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(c) concerning an individual member, annuitant, retiree, |
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beneficiary, alternate payee, program participant, or person |
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eligible for benefits from the retirement system, the prevailing |
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provision is the provision that provides the greater substantive |
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and procedural protection for the privacy of information concerning |
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that individual member, annuitant, retiree, beneficiary, alternate |
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payee, program participant, or person eligible for benefits. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2460 was passed by the House on May |
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12, 2011, by the following vote: Yeas 143, Nays 0, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2460 was passed by the Senate on May |
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25, 2011, by the following vote: Yeas 31, Nays 0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |