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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of certain information maintained |
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by state licensing agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.1176, Government Code, is amended by |
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amending Subsection (a) and adding Subsections (d) and (e) to read |
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as follows: |
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(a) Information maintained under Chapter 81 is confidential |
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and may not be disclosed to the public under this chapter if the |
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information: |
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(1) is a license application; or |
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(2) [that] relates to the home address, home telephone |
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number, electronic mail address, social security number, [or] date |
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of birth, driver's license number, state identification number, |
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passport number, emergency contact information, or payment |
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information of an individual [a person] licensed to practice law in |
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this state [that is maintained under Chapter 81 is confidential and |
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may not be disclosed to the public under this chapter if the person |
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to whom 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 State Bar of Texas of the person's |
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choice, in writing or electronically, on a form provided by the |
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state bar]. |
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(d) Subsection (a) does not make confidential or except from |
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required public disclosure the name, state bar identification |
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number, membership class, or eligibility to practice law of an |
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applicant for a license, a license holder, or an individual who |
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previously held a license. |
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(e) To the extent of any conflict, this section prevails |
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over another law that authorizes or requires the release of |
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information maintained by the State Bar of Texas. |
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SECTION 2. Subchapter C, Chapter 552, Government Code, is |
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amended by adding Section 552.11765 to read as follows: |
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Sec. 552.11765. CONFIDENTIALITY OF CERTAIN INFORMATION |
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MAINTAINED BY STATE LICENSING AUTHORITY. (a) In this section, |
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"license" means a license, certificate, registration, permit, or |
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other authorization that: |
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(1) is issued by a governmental body described by |
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Section 552.003(1)(A)(i); and |
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(2) an individual must obtain to practice or engage in |
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a particular business, occupation, or profession. |
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(b) Except as provided by Subsections (c) and (d), |
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information maintained by a governmental body described by Section |
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552.003(1)(A)(i) is confidential and excepted from the |
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requirements of Section 552.021 if the information: |
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(1) is a license application; or |
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(2) relates to the home address, home telephone |
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number, electronic mail address, social security number, date of |
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birth, driver's license number, state identification number, |
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passport number, emergency contact information, or payment |
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information of: |
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(A) an applicant for a license issued by the |
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governmental body; |
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(B) an individual who holds a license issued by |
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the governmental body; or |
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(C) an individual who previously held a license |
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issued by the governmental body. |
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(c) Subsection (b) does not make confidential or except from |
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required public disclosure the name, license number, or license |
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status of an applicant for a license, a license holder, or an |
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individual who previously held a license. |
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(d) For a license issued under Chapter 42, 43, 103, or 161, |
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Human Resources Code, or Chapter 142, 242, 247, 248A, 250, or 252, |
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Health and Safety Code, Subsection (b) does not prohibit the |
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disclosure of: |
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(1) the last four digits of the social security number |
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of a license holder in connection with a verification of |
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employability or an employee misconduct registry search provided by |
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the Health and Human Services Commission; |
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(2) a home address where activity regulated by the |
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licensing authority occurs; or |
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(3) an e-mail address or phone number associated with |
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activity regulated by the licensing authority. |
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(e) To the extent of any conflict, this section prevails |
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over another law that authorizes or requires the release of |
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information maintained by a governmental body. |
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SECTION 3. Subchapter D, Chapter 507, Occupations Code, is |
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amended by adding Section 507.161 to read as follows: |
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Sec. 507.161. CONFIDENTIALITY OF HOME ADDRESS AND TELEPHONE |
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NUMBER. Except as provided by Section 507.160(d), the home address |
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and telephone number of a license holder are confidential and not |
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subject to disclosure under Chapter 552, Government Code. |
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SECTION 4. Section 552.1176(b), Government Code, is |
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repealed. |
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SECTION 5. The changes in law made by this Act apply only to |
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a request for public information received by a governmental body, |
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including the State Bar of Texas, or an officer for public |
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information on or after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2023. |