H.B. No. 1474
AN ACT
relating to certain information contained in records about members,
retirees, annuitants, or beneficiaries of the Texas County and
District Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 845.115(a), Government Code, is amended
to read as follows:
(a) Information contained in records in the custody of the
retirement system or maintained in the custody of another
governmental entity or an administrator or carrier acting in
cooperation with or on behalf of the retirement system concerning
an individual member, retiree, annuitant, or beneficiary is
confidential and is not subject to public disclosure under Chapter
552. The information [under Section 552.101, and] may not be
disclosed in a form identifiable with a specific individual unless:
(1) the information is disclosed to:
(A) the individual or the individual's attorney,
guardian, executor, administrator, conservator, or other person
who the director determines is acting in the interest of the
individual or the individual's estate;
(B) a spouse or former spouse of the individual
and the director determines that the information is relevant to the
spouse's or former spouse's interest in member accounts, benefits,
or other amounts payable by the retirement system;
(C) a governmental official or employee and the
director determines that disclosure of the information requested is
reasonably necessary to the performance of the duties of the
official or employee; or
(D) a person authorized by the individual in
writing to receive the information; or
(2) the information is disclosed pursuant to a
subpoena and the director determines that the individual will have
a reasonable opportunity to contest the subpoena.
SECTION 2. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1474 was passed by the House on May
13, 2005, by the following vote: Yeas 142, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1474 was passed by the Senate on May
23, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor