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