Bill Text: TX HB2885 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to the availability of the personal information of a legislator under the public information law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-04-01 - Left pending in committee [HB2885 Detail]

Download: Texas-2013-HB2885-Introduced.html
  83R11077 JRH-D
 
  By: McClendon H.B. No. 2885
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the availability of the personal information of a
  legislator under the public information law.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 552, Government Code, is
  amended by adding Section 552.1177 to read as follows:
         Sec. 552.1177.  CONFIDENTIALITY OF PERSONAL INFORMATION OF
  LEGISLATORS. (a)  This section applies only to a current or former
  lieutenant governor or member of the legislature.
         (b)  Information held by a governmental body that relates to
  the home address, home telephone number, emergency contact
  information, or social security number of an individual to whom
  this section applies is confidential and may not be disclosed to the
  public 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 service in an office to which this
  section applies.
         (c)  A choice made under Subsection (b) remains valid until
  rescinded in writing by the individual.
         (d)  All documents filed with a county clerk and all
  documents filed with a district clerk are exempt from this section.
         (e)  A governmental body that routinely collects or
  maintains information made confidential by this section regarding
  individuals holding an office to which this section applies based
  on the office held by those individuals shall take reasonable
  actions to notify those individuals periodically regarding the
  provisions of this section.
         (f)  A governmental body may redact information that must be
  withheld under Subsection (b) 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.
         (g)  If, under Subsection (f), a governmental body redacts or
  withholds information without requesting a decision from the
  attorney general about whether the information may be redacted or
  withheld, the requestor is entitled to seek a decision from the
  attorney general about the matter.  The attorney general by rule
  shall establish procedures and deadlines for receiving information
  necessary to decide the matter and briefs from the requestor, the
  governmental body, and any other interested person.  The attorney
  general shall promptly render a decision requested under this
  subsection, determining whether the redacted or withheld
  information was excepted from required disclosure to the requestor,
  not later than the 45th business day after the date the attorney
  general received the request for a decision under this
  subsection.  The attorney general shall issue a written decision on
  the matter and provide a copy of the decision to the requestor, the
  governmental body, and any interested person who submitted
  necessary information or a brief to the attorney general about the
  matter.  The requestor or the governmental body may appeal a
  decision of the attorney general under this subsection to a Travis
  County district court.
         (h)  A governmental body that redacts or withholds
  information under Subsection (f) shall provide the following
  information to the requestor on a form prescribed by the attorney
  general:
               (1)  a description of the redacted or withheld
  information;
               (2)  a citation to this section; and
               (3)  instructions regarding how the requestor may seek
  a decision from the attorney general regarding whether the redacted
  or withheld information is excepted from required disclosure.
         SECTION 2.  The changes in law made by Section 552.1177,
  Government Code, as added 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 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.
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