| |
| |
| |
|
|
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. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 510 passed the Senate on |
|
|
April 17, 2023, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 510 passed the House on |
|
|
May 6, 2023, by the following vote: Yeas 132, Nays 2, two present |
|
|
not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |