|
|
|
|
AN ACT
|
|
relating to the disclosure by a member of the legislature or the |
|
lieutenant governor of certain information concerning a resident of |
|
this state to a governmental body. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 306.003, Government Code, is amended by |
|
adding Subsections (c) and (d) to read as follows: |
|
(c) If a member of the legislature or the lieutenant |
|
governor discloses to the Department of Family and Protective |
|
Services or a governmental unit that is a "covered entity" under |
|
Section 181.001(b), Health and Safety Code, all or part of a record |
|
to which Subsection (a) applies or communicates to the department |
|
or governmental unit a description of the information contained in |
|
the record that identifies or would tend to identify the resident of |
|
this state who communicated with the member or lieutenant governor, |
|
the record or the described information, as applicable, in the |
|
possession of the department or governmental unit is subject to and |
|
confidential under Subsection (a) and may be disclosed to any other |
|
person only to the extent that the member of the legislature or |
|
lieutenant governor elects to disclose the record or the described |
|
information. |
|
|
|
(d) If the department or governmental unit that is a |
|
"covered entity" under Section 181.001(b), Health and Safety Code, |
|
receives a request for public information under Chapter 552, and |
|
information subject to the request is information described by |
|
Subsection (c), the department or governmental unit shall promptly |
|
notify, in writing or by electronic means, the member of the |
|
legislature or the lieutenant governor, as applicable, that the |
|
department or governmental entity received the request. The |
|
notification must specify the type of information that is requested |
|
and include a copy of the request. |
|
SECTION 2. Section 306.004, Government Code, is amended by |
|
adding Subsections (d) and (e) to read as follows: |
|
(d) If a member of the legislature or the lieutenant |
|
governor discloses to the Department of Family and Protective |
|
Services or a governmental unit that is a "covered entity" under |
|
Section 181.001(b), Health and Safety Code, a communication to |
|
which this section applies or communicates to the department or |
|
governmental unit a description of the information contained in the |
|
communication that identifies or would tend to identify the citizen |
|
of this state who communicated with the member or lieutenant |
|
governor, the communication or the described information, as |
|
applicable, in the possession of the department or governmental |
|
unit is subject to and confidential under this section and may be |
|
disclosed to another person only to the extent that the member of |
|
the legislature or lieutenant governor elects to disclose the |
|
communication or the described information. |
|
(e) If the department or governmental unit that is a |
|
"covered entity" under Section 181.001(b), Health and Safety Code, |
|
receives a request for public information under Chapter 552, and |
|
information subject to the request is information described by |
|
Subsection (d), the department or governmental unit shall promptly |
|
notify, in writing or by electronic means, the member of the |
|
legislature or the lieutenant governor, as applicable, that the |
|
department or governmental entity received the request. The |
|
notification must specify the type of information that is requested |
|
and include a copy of the request. |
|
SECTION 3. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2013. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 367 was passed by the House on May 2, |
|
2013, by the following vote: Yeas 144, Nays 3, 2 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 367 on May 22, 2013, by the following vote: Yeas 146, Nays 1, 2 |
|
present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 367 was passed by the Senate, with |
|
amendments, on May 17, 2013, by the following vote: Yeas 29, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |