Bill Text: TX SB1270 | 2011-2012 | 82nd Legislature | Engrossed


Bill Title: Relating to the public information law.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2011-05-20 - Committee report sent to Calendars [SB1270 Detail]

Download: Texas-2011-SB1270-Engrossed.html
 
 
  By: Wentworth S.B. No. 1270
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the public information law.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 552.117, 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, 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 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
  552.024 or 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 2.  Subchapter C, Chapter 552, Government Code, is
  amended by adding Section 552.153 to read as follows:
         Sec. 552.153.  EXCEPTION:  BANK SECRECY ACT REPORTS.
  (a)  Information is confidential and not subject to disclosure
  under this chapter if the information:
               (1)  was obtained by a governmental body for a law
  enforcement purpose; and
               (2)  is a report required by the Bank Secrecy Act (31
  U.S.C. Section 5311 et seq.) or is derived from a report required by
  the Bank Secrecy Act.
         (b)  In obtaining information described by Subsection (a)(2)
  for a purpose described by Subsection (a)(1), a governmental body
  may sign a confidentiality agreement that covers information made
  confidential by this section and requires that:
               (1)  the information not be disclosed outside the
  governmental body, or within the governmental body for purposes
  other than the purpose for which it was obtained;
               (2)  the information be labeled as confidential; and
               (3)  the information be kept securely.
         SECTION 3.  Section 552.274, Government Code, as amended by
  Chapters 329 (S.B. 727) and 716 (S.B. 452), Acts of the 79th
  Legislature, Regular Session, 2005, is reenacted and amended to
  read as follows:
         Sec. 552.274.  REPORTS BY ATTORNEY GENERAL AND STATE
  AGENCIES ON COST OF COPIES. (a)  The attorney general shall:
               (1)  biennially update a report prepared by the
  attorney general about the charges made by state agencies for
  providing copies of public information; and
               (2)  provide a copy of the updated report on the
  attorney general's open records page on the Internet not later than
  March 1 of each even-numbered year.
         (a-1) [(b)]  Not later than December 1 of each odd-numbered
  year, each state agency shall provide the attorney general detailed
  information, for use by the attorney general in preparing the
  report required by Subsection (a), describing the agency's
  procedures for charging and collecting fees for providing copies of
  public information.
         (b)  Before the 30th day after the date on which a regular
  session of the legislature convenes, each state agency shall issue
  a report that describes that agency's procedures for charging and
  collecting fees for providing copies of public information.  A
  state agency may comply with this subsection by posting the report
  on the agency's open records page or another easily accessible page
  on the agency's website on the Internet.
         (c)  In this section, "state agency" has the meaning assigned
  by Sections 2151.002(1) and (3) [2151.002(2)(A) and (C)].
         SECTION 4.  Subsections (a) and (d), Section 552.305,
  Government Code, are amended to read as follows:
         (a)  In a case in which information is requested under this
  chapter and a person's privacy or property interests may be
  involved, including a case under Section 552.101, 552.104, or
  552.110, [or 552.114,] a governmental body may decline to release
  the information for the purpose of requesting an attorney general
  decision.
         (d)  If release of a person's proprietary information may be
  subject to exception under Section 552.101, 552.110, 552.113, or
  552.131, the governmental body that requests an attorney general
  decision under Section 552.301 shall make a good faith attempt to
  notify that person of the request for the attorney general
  decision. Notice under this subsection must:
               (1)  be in writing and sent within a reasonable time not
  later than the 10th business day after the date the governmental
  body receives the request for the information; and
               (2)  include:
                     (A)  a copy of the written request for the
  information[, if any,] received by the governmental body; and
                     (B)  a statement, in the form prescribed by the
  attorney general, that the person is entitled to submit in writing
  to the attorney general within a reasonable time not later than the
  10th business day after the date the person receives the notice:
                           (i)  each reason the person has as to why the
  information should be withheld; and
                           (ii)  a letter, memorandum, or brief in
  support of that reason.
         SECTION 5.  The changes in law made by this Act to Sections
  552.117 and 552.305, Government Code, 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 6.  This Act takes effect September 1, 2011.
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