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House Bill 2460 |
House Author: Truitt |
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Effective: 6-17-11 |
Senate Sponsor: Wentworth |
House Bill 2460 amends the Government Code to make the governing body of a public retirement system subject to the state's open records law in the same manner as a governmental body, with certain exceptions.
House Bill 2460 establishes that records of individual members, annuitants, retirees, beneficiaries, alternate payees, program participants, or persons eligible for benefits from a retirement system are confidential and not subject to public disclosure but may be released to the following: a member, annuitant, retiree, beneficiary, alternate payee, program participant, or person eligible for system benefits or to an authorized attorney, family member, or representative acting on behalf of such an individual; an administering firm, carrier, or agent or attorney acting on behalf of the retirement system; another governmental entity having a legitimate need for the information to perform the purposes of the retirement system; or a party in response to a subpoena issued under applicable law. A record released to such a person or entity remains confidential after such release.
House Bill 2460 authorizes the records to become part of the public record of an administrative or judicial proceeding related to a contested case and establishes that the member, annuitant, retiree, beneficiary, alternate payee, program participant, or person eligible for benefits waives the confidentiality of the records, including medical records, unless the records are closed to public access by a protective order. The bill grants the retirement system sole discretion in determining whether a record is subject to the state's open records laws and exempts the system, administering firm, carrier, or governmental agency from any requirement to accept or comply with an open records request or to seek an attorney general opinion on the matter.