Bill Text: TX SB1638 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the exception of certain personal information from required disclosure under the public information law.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-06-17 - Effective immediately [SB1638 Detail]

Download: Texas-2011-SB1638-Enrolled.html

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S.B. No. 1638

AN ACT
relating to the exception of certain personal information from
required disclosure under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 552.024, Government
Code, is amended to read as follows:
(a) Each employee or official of a governmental body and
each former employee or official of a governmental body shall
choose whether to allow public access to the information in the
custody of the governmental body that relates to the person's home
address, home telephone number, emergency contact information, or
social security number, or that reveals whether the person has
family members.
SECTION 2. 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, emergency contact information, 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
552.1175;
(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 3. Subsection (b), Section 552.1175, Government
Code, is amended to read as follows:
(b) Information that relates to the home address, home
telephone number, emergency contact information, 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 4. Subsection (a), Section 552.130, Government
Code, is amended to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if the information relates to:
(1) a motor vehicle operator's or driver's license or
permit issued by an agency of this state or another state or
country;
(2) a motor vehicle title or registration issued by an
agency of this state or another state or country; or
(3) a personal identification document issued by an
agency of this state or another state or country or a local agency
authorized to issue an identification document.
SECTION 5. Subsection (b), Section 552.139, Government
Code, is amended to read as follows:
(b) The following information is confidential:
(1) a computer network vulnerability report; [and]
(2) any other assessment of the extent to which data
processing operations, a computer, a computer program, network,
system, or system interface, or software of a governmental body or
of a contractor of a governmental body is vulnerable to
unauthorized access or harm, including an assessment of the extent
to which the governmental body's or contractor's electronically
stored information containing sensitive or critical information is
vulnerable to alteration, damage, erasure, or inappropriate use;
and
(3) a photocopy or other copy of an identification
badge issued to an official or employee of a governmental body.
SECTION 6. 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, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1638 passed the Senate on
April 19, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1638 passed the House on
May 23, 2011, by the following vote: Yeas 142, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor