Bill Text: TX HB367 | 2013-2014 | 83rd Legislature | Enrolled

Texas House Bill 367 (Prior Session Legislation)

Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2013-06-14 - Effective immediately [HB367 Detail]

Download: Texas-2013-HB367-Enrolled.html



	H.B. No. 367




	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