Bill Text: TX HB2885 | 2013-2014 | 83rd Legislature | Introduced

Texas House Bill 2885 (Prior Session Legislation)

Introduced

Bill Title: Relating to the availability of the personal information of a legislator under the public information law.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2013-04-01 - Left pending in committee [HB2885 Detail]

Download: Texas-2013-HB2885-Introduced.html

	83R11077 JRH-D

	By: McClendon	H.B. No. 2885



	A BILL TO BE ENTITLED
	AN ACT
	relating to the availability of the personal information of a
	legislator under the public information law.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter C, Chapter 552, Government Code, is
	amended by adding Section 552.1177 to read as follows:
	Sec. 552.1177. CONFIDENTIALITY OF PERSONAL INFORMATION OF
	LEGISLATORS. (a) This section applies only to a current or former
	lieutenant governor or member of the legislature.
	(b) Information held by a governmental body that relates to
	the home address, home telephone number, emergency contact
	information, or social security number of an individual to whom
	this section applies is confidential and may not be disclosed to the
	public if the individual to whom the information relates:
	(1) chooses to restrict public access to the
	information; and
	(2) notifies the governmental body of the individual's
	choice on a form provided by the governmental body, accompanied by
	evidence of the individual's service in an office to which this
	section applies.
	(c) A choice made under Subsection (b) remains valid until
	rescinded in writing by the individual.
	(d) All documents filed with a county clerk and all
	documents filed with a district clerk are exempt from this section.
	(e) A governmental body that routinely collects or
	maintains information made confidential by this section regarding
	individuals holding an office to which this section applies based
	on the office held by those individuals shall take reasonable
	actions to notify those individuals periodically regarding the
	provisions of this section.
	(f) A governmental body may redact information that must be
	withheld under Subsection (b) from any information the governmental
	body discloses under Section 552.021 without the necessity of
	requesting a decision from the attorney general under Subchapter G.
	(g) If, under Subsection (f), a governmental body redacts or
	withholds information without requesting a decision from the
	attorney general about whether the information may be redacted or
	withheld, the requestor is entitled to seek a decision from the
	attorney general about the matter. The attorney general by rule
	shall establish procedures and deadlines for receiving information
	necessary to decide the matter and briefs from the requestor, the
	governmental body, and any other interested person. The attorney
	general shall promptly render a decision requested under this
	subsection, determining whether the redacted or withheld
	information was excepted from required disclosure to the requestor,
	not later than the 45th business day after the date the attorney
	general received the request for a decision under this
	subsection. The attorney general shall issue a written decision on
	the matter and provide a copy of the decision to the requestor, the
	governmental body, and any interested person who submitted
	necessary information or a brief to the attorney general about the
	matter. The requestor or the governmental body may appeal a
	decision of the attorney general under this subsection to a Travis
	County district court.
	(h) A governmental body that redacts or withholds
	information under Subsection (f) shall provide the following
	information to the requestor on a form prescribed by the attorney
	general:
	(1) a description of the redacted or withheld
	information;
	(2) a citation to this section; and
	(3) instructions regarding how the requestor may seek
	a decision from the attorney general regarding whether the redacted
	or withheld information is excepted from required disclosure.
	SECTION 2. The changes in law made by Section 552.1177,
	Government Code, as added by this Act, apply only to a request for
	information that is received by a governmental body or an officer
	for public information on or after the effective date of this Act. A
	request for information that was received before the effective date
	of this Act is governed by the law in effect on the date the request
	was received, and the former law is continued in effect for that
	purpose.
	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.