Bill Text: TX HB28 | 2013 | 83rd Legislature 2nd Special Session | Introduced


Bill Title: Relating to the confidentiality of information held by a public retirement system.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-07-10 - Referred to Pensions [HB28 Detail]

Download: Texas-2013-HB28-Introduced.html
  83S20012 SGA-F
 
  By: Callegari H.B. No. 28
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the confidentiality of information held by a public
  retirement system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 552.0038, Government Code, is amended by
  adding Subsections (a-1) and (c-1) and amending Subsections (c),
  (d), (f), and (i) to read as follows:
         (a-1)  For the purposes of this section, "individual record"
  includes any information that could reasonably be expected to
  identify an individual, including the individual's name, address,
  telephone number, e-mail address, social security number, record of
  membership in the public retirement system, record of contributions
  or distributions, account balance, status of any application for
  benefits, medical records, financial records, beneficiary
  information, and communications with the retirement system.
         (c)  Except as provided by this section, unless written
  authorization for release is provided to the public retirement
  system by the individual or the individual's authorized
  representative, the following information is confidential and is
  not subject to public disclosure:
               (1)  an individual record, as defined by Subsection
  (a-1), of any person, living or deceased, who is or was a member,
  annuitant, retiree, beneficiary, alternate payee, program
  participant, or other person eligible for benefits from a public
  retirement system under a retirement plan or program administered
  by the public retirement system that is in the custody of the
  retirement system or in the custody of an administering firm, a
  carrier, or another governmental agency, including the
  comptroller, acting in cooperation with or on behalf of the
  retirement system; and
               (2)  any information identifying by name, address, age,
  date of birth, employer, dates of employment, or dates of
  participation the amount of a monthly allowance or benefit paid to
  the individual [Records of individual members, annuitants,
  retirees, beneficiaries, alternate payees, program participants,
  or persons eligible for benefits from a retirement system under a
  retirement plan or program administered by the retirement system
  that are in the custody of the system or in the custody of an
  administering firm, a carrier, or another governmental agency,
  including the comptroller, acting in cooperation with or on behalf
  of the retirement system are confidential and not subject to public
  disclosure].
         (c-1)  Except as otherwise provided by this section, the
  public [The] retirement system, administering firm, carrier, or
  governmental agency is not required to accept or comply with a
  request for [a record or] information determined to be confidential
  under Subsection (c).  This section should not be interpreted as
  preventing disclosure of aggregate information that could not
  reasonably be expected to identify an individual. An entity that
  receives a request for the disclosure of information under this
  section should consider the request in context with other publicly
  available information in making the determination as to whether a
  record could reasonably be expected to identify an individual
  [about a record or to seek an opinion from the attorney general
  because the records are exempt from the provisions of this chapter,
  except as otherwise provided by this section].
         (d)  A public retirement system may release individual
  records, in accordance with the provisions of the statute or
  ordinance establishing the system and the rules or policies of the
  system, to the following entities:
               (1)  [Records may be released to] a member, annuitant,
  retiree, beneficiary, alternate payee, program participant, or
  person eligible for benefits from the retirement system;
               (2)  [or to] an authorized attorney, family member, or
  representative acting on behalf of the member, annuitant, retiree,
  beneficiary, alternate payee, program participant, or person
  eligible for benefits;
               (3)  [. The retirement system may release the records
  to:
               [(1)]  an administering firm, carrier, or agent or
  attorney acting on behalf of the retirement system;
               (4) [(2)]  another governmental entity having a
  legitimate need for the information to perform the purposes of the
  retirement system; or
               (5) [(3)]  a party in response to a subpoena issued
  under applicable law.
         (f)  The records of an individual member, annuitant,
  retiree, beneficiary, alternate payee, program participant, or
  person eligible for benefits from the retirement system remain
  confidential after release to an individual or entity [a person] as
  authorized by this section. The records may become part of the
  public record of an administrative or judicial proceeding related
  to a contested case, and the member, annuitant, retiree,
  beneficiary, alternate payee, program participant, or person
  eligible for benefits waives the confidentiality of the records,
  including medical records, unless the records are closed to public
  access by a protective order issued under applicable law.
         (i)  To the extent of a substantive or procedural conflict
  between this section and any other law with respect to the
  confidential information held by a public retirement system or
  other entity described by Subsection (c) concerning an individual
  member, annuitant, retiree, beneficiary, alternate payee, program
  participant, or person eligible for benefits from the retirement
  system:
               (1) [,] the substantive [prevailing] provision [is the
  provision] that provides the greater [substantive and procedural]
  protection for the privacy of information concerning that
  individual member, annuitant, retiree, beneficiary, alternate
  payee, program participant, or person eligible for benefits
  prevails; and
               (2)  the procedural provision of this chapter prevails.
         SECTION 2.  Section 552.0038(h), Government Code, is
  repealed.
         SECTION 3.  Section 552.0038, Government Code, as amended by
  this Act, applies only to a request for information received by a
  public retirement system or other entity described by Subsection
  (c) of that section that is received on or after the effective date
  of this Act. A request for information that is received before the
  effective date of this Act is governed by the law in effect on the
  date the request is received, and that law is continued in effect
  for that purpose.
         SECTION 4.  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 on the 91st day after the last day of the
  legislative session.
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