Bill Text: TX HB3801 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the exception of certain personal information from disclosure under the public information law.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-12 - Placed on General State Calendar [HB3801 Detail]
Download: Texas-2011-HB3801-Introduced.html
82R11152 KYF-F | ||
By: S. Davis of Harris | H.B. No. 3801 |
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relating to the exception of certain personal information from | ||
disclosure under the public information law. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 552.024, Government Code, | ||
is amended to read as follows: | ||
Sec. 552.024. ELECTING TO DISCLOSE PERSONAL INFORMATION | ||
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SECTION 2. Sections 552.024(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) Each employee or official of a governmental body and | ||
each former employee or official of a governmental body may [ |
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choose [ |
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custody of the governmental body that relates to the person's home | ||
address, home telephone number, personal cellular telephone | ||
number, personal e-mail address, or social security number, or that | ||
reveals whether the person has family members. | ||
(b) Each employee and official may [ |
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access to the information as described by [ |
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Subsection (a) to the main personnel officer of the governmental | ||
body in a signed writing at any time during the employee's or | ||
official's service with the governmental body. Each former | ||
employee or official shall state that person's choice under | ||
Subsection (a) not later than the 14th day after the date on which[ |
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with the governmental body. A choice made under this subsection | ||
remains valid until rescinded in writing by the individual. | ||
SECTION 3. The heading to Section 552.117, Government Code, | ||
is amended to read as follows: | ||
Sec. 552.117. EXCEPTION: CERTAIN ADDRESSES, E-MAIL | ||
ADDRESSES, TELEPHONE NUMBERS, DATES OF BIRTH, SOCIAL SECURITY | ||
NUMBERS, AND PERSONAL FAMILY INFORMATION. | ||
SECTION 4. Section 552.117(a), Government Code, is amended | ||
to read as follows: | ||
(a) Information is excepted from the requirements | ||
of Section 552.021 if it is information that relates to the home | ||
address, home telephone number, personal cellular telephone | ||
number, personal e-mail address, date of birth, or social security | ||
number of the following person or that reveals whether the person | ||
has family members: | ||
(1) a current or former official or employee of a | ||
governmental body, except as otherwise provided for certain | ||
information by Section 552.024; | ||
(2) a peace officer as defined by Article 2.12, Code | ||
of Criminal Procedure, or a security officer commissioned | ||
under Section 51.212, Education Code, regardless of whether the | ||
officer complies with Section 552.024 or 552.1175, as | ||
applicable; | ||
(3) a current or former employee of the Texas | ||
Department of Criminal Justice or of the predecessor in function of | ||
the department or any division of the department, regardless of | ||
whether the current or former employee complies with Section | ||
552.1175; | ||
(4) a peace officer as defined by Article 2.12, Code | ||
of Criminal Procedure, or other law, a reserve law enforcement | ||
officer, a commissioned deputy game warden, or a corrections | ||
officer in a municipal, county, or state penal institution in this | ||
state who was killed in the line of duty, regardless of whether the | ||
deceased complied with Section 552.024 or 552.1175; | ||
(5) a commissioned security officer as defined | ||
by Section 1702.002, Occupations Code, regardless of whether the | ||
officer complies with Section 552.024 or 552.1175, as | ||
applicable; or | ||
(6) an officer or employee of a community supervision | ||
and corrections department established under Chapter 76 who | ||
performs a duty described by Section 76.004(b), regardless of | ||
whether the officer or employee complies with Section 552.024 or | ||
552.1175. | ||
SECTION 5. The heading to Section 552.1175, Government | ||
Code, is amended to read as follows: | ||
Sec. 552.1175. CONFIDENTIALITY OF ADDRESSES, E-MAIL | ||
ADDRESSES, TELEPHONE NUMBERS, DATES OF BIRTH, SOCIAL SECURITY | ||
NUMBERS, AND PERSONAL FAMILY INFORMATION OF PEACE OFFICERS, COUNTY | ||
JAILERS, SECURITY OFFICERS, AND EMPLOYEES OF THE TEXAS DEPARTMENT | ||
OF CRIMINAL JUSTICE OR A PROSECUTOR'S OFFICE. | ||
SECTION 6. Section 552.1175(b), Government Code, is amended | ||
to read as follows: | ||
(b) Information that relates to the home address, home | ||
telephone number, personal cellular telephone number, personal | ||
e-mail address, date of birth, or social security number of an | ||
individual to whom this section applies, or that reveals whether | ||
the individual has family members is confidential and may not be | ||
disclosed to the public under this chapter 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 status. | ||
SECTION 7. Section 552.137, Government Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) This section does not apply to a personal e-mail address | ||
to which Section 552.024 or 552.1175 applies. | ||
SECTION 8. Subchapter C, Chapter 552, Government Code, is | ||
amended by adding Section 552.153 to read as follows: | ||
Sec. 552.153. DATE OF BIRTH. (a) The date of birth of a | ||
living person is excepted from the requirements of Section 552.021, | ||
but is not confidential under this section and this section does not | ||
make the date of birth of a living person confidential under another | ||
provision of this chapter or other law. | ||
(b) A governmental body may redact the date of birth of a | ||
living person 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. | ||
(c) Notwithstanding any other law, a county or district | ||
clerk may disclose in the ordinary course of business a date of | ||
birth that is contained in information held by the clerk's office, | ||
and that disclosure is not official misconduct and does not subject | ||
the clerk to civil or criminal liability of any kind under the law | ||
of this state, including any claim for damages in a lawsuit or the | ||
criminal penalty imposed by Section 552.352. | ||
(d) Unless another law requires a date of birth to be | ||
maintained in a government document, on written request from an | ||
individual or the individual's representative, the clerk shall | ||
redact within a reasonable amount of time the individual's date of | ||
birth from information maintained in the clerk's official public | ||
records, including electronically stored information maintained by | ||
or under the control of the clerk. The individual or the | ||
individual's representative must identify, using a form provided by | ||
the clerk, the specific document or documents from which the date of | ||
birth shall be redacted. | ||
SECTION 9. The changes in law made 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 10. This Act takes effect September 1, 2011. |