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A BILL TO BE ENTITLED
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AN ACT
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relating to the public information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 552.117, Government |
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Code, is amended to read as follows: |
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(a) Information is excepted from the requirements of |
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Section 552.021 if it is information that relates to the home |
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address, home telephone number, or social security number of the |
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following person or that reveals whether the person has family |
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members: |
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(1) a current or former official or employee of a |
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governmental body, except as otherwise provided by Section 552.024; |
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(2) a peace officer as defined by Article 2.12, Code of |
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Criminal Procedure, or a security officer commissioned under |
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Section 51.212, Education Code, regardless of whether the officer |
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complies with Section 552.024 or 552.1175, as applicable; |
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(3) a current or former employee of the Texas |
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Department of Criminal Justice or of the predecessor in function of |
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the department or any division of the department, regardless of |
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whether the current or former employee complies with Section |
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552.024 or 552.1175; |
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(4) a peace officer as defined by Article 2.12, Code of |
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Criminal Procedure, or other law, a reserve law enforcement |
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officer, a commissioned deputy game warden, or a corrections |
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officer in a municipal, county, or state penal institution in this |
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state who was killed in the line of duty, regardless of whether the |
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deceased complied with Section 552.024 or 552.1175; |
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(5) a commissioned security officer as defined by |
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Section 1702.002, Occupations Code, regardless of whether the |
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officer complies with Section 552.024 or 552.1175, as applicable; |
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or |
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(6) an officer or employee of a community supervision |
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and corrections department established under Chapter 76 who |
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performs a duty described by Section 76.004(b), regardless of |
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whether the officer or employee complies with Section 552.024 or |
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552.1175. |
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SECTION 2. Subchapter C, Chapter 552, Government Code, is |
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amended by adding Section 552.153 to read as follows: |
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Sec. 552.153. EXCEPTION: BANK SECRECY ACT REPORTS. |
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(a) Information is confidential and not subject to disclosure |
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under this chapter if the information: |
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(1) was obtained by a governmental body for a law |
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enforcement purpose; and |
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(2) is a report required by the Bank Secrecy Act (31 |
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U.S.C. Section 5311 et seq.) or is derived from a report required by |
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the Bank Secrecy Act. |
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(b) In obtaining information described by Subsection (a)(2) |
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for a purpose described by Subsection (a)(1), a governmental body |
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may sign a confidentiality agreement that covers information made |
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confidential by this section and requires that: |
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(1) the information not be disclosed outside the |
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governmental body, or within the governmental body for purposes |
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other than the purpose for which it was obtained; |
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(2) the information be labeled as confidential; and |
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(3) the information be kept securely. |
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SECTION 3. Section 552.274, Government Code, as amended by |
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Chapters 329 (S.B. 727) and 716 (S.B. 452), Acts of the 79th |
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Legislature, Regular Session, 2005, is reenacted and amended to |
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read as follows: |
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Sec. 552.274. REPORTS BY ATTORNEY GENERAL AND STATE |
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AGENCIES ON COST OF COPIES. (a) The attorney general shall: |
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(1) biennially update a report prepared by the |
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attorney general about the charges made by state agencies for |
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providing copies of public information; and |
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(2) provide a copy of the updated report on the |
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attorney general's open records page on the Internet not later than |
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March 1 of each even-numbered year. |
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(a-1) [(b)] Not later than December 1 of each odd-numbered |
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year, each state agency shall provide the attorney general detailed |
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information, for use by the attorney general in preparing the |
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report required by Subsection (a), describing the agency's |
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procedures for charging and collecting fees for providing copies of |
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public information. |
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(b) Before the 30th day after the date on which a regular |
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session of the legislature convenes, each state agency shall issue |
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a report that describes that agency's procedures for charging and |
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collecting fees for providing copies of public information. A |
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state agency may comply with this subsection by posting the report |
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on the agency's open records page or another easily accessible page |
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on the agency's website on the Internet. |
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(c) In this section, "state agency" has the meaning assigned |
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by Sections 2151.002(1) and (3) [2151.002(2)(A) and (C)]. |
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SECTION 4. Subsections (a) and (d), Section 552.305, |
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Government Code, are amended to read as follows: |
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(a) In a case in which information is requested under this |
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chapter and a person's privacy or property interests may be |
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involved, including a case under Section 552.101, 552.104, or |
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552.110, [or 552.114,] a governmental body may decline to release |
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the information for the purpose of requesting an attorney general |
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decision. |
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(d) If release of a person's proprietary information may be |
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subject to exception under Section 552.101, 552.110, 552.113, or |
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552.131, the governmental body that requests an attorney general |
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decision under Section 552.301 shall make a good faith attempt to |
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notify that person of the request for the attorney general |
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decision. Notice under this subsection must: |
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(1) be in writing and sent within a reasonable time not |
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later than the 10th business day after the date the governmental |
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body receives the request for the information; and |
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(2) include: |
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(A) a copy of the written request for the |
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information[, if any,] received by the governmental body; and |
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(B) a statement, in the form prescribed by the |
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attorney general, that the person is entitled to submit in writing |
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to the attorney general within a reasonable time not later than the |
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10th business day after the date the person receives the notice: |
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(i) each reason the person has as to why the |
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information should be withheld; and |
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(ii) a letter, memorandum, or brief in |
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support of that reason. |
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SECTION 5. The changes in law made by this Act to Sections |
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552.117 and 552.305, Government Code, apply only to a request for |
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information that is received by a governmental body or an officer |
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for public information on or after the effective date of this Act. |
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A request for information that was received before the effective |
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date of this Act is governed by the law in effect on the date the |
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request was received, and the former law is continued in effect for |
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that purpose. |
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SECTION 6. This Act takes effect September 1, 2011. |