74R11011 JRD-D
          By Romo                                               H.B. No. 1012
          Substitute the following for H.B. No. 1012:
          By Turner of Harris                               C.S.H.B. No. 1012
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the availability under the open records law of
    1-3  information submitted to a governmental entity by a potential
    1-4  vendor or contractor.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 552.110, Government Code, is amended to
    1-7  read as follows:
    1-8        Sec. 552.110.  EXCEPTION:  TRADE SECRETS, COMMERCIAL
    1-9  INFORMATION, OR FINANCIAL INFORMATION; INFORMATION SUBMITTED BY
   1-10  POTENTIAL VENDOR OR CONTRACTOR.  (a)  A trade secret or commercial
   1-11  or financial information obtained from a person and privileged or
   1-12  confidential by statute or judicial decision is excepted from the
   1-13  requirements of Section 552.021.
   1-14        (b)  Except as provided by Subsection (c) or (d), information
   1-15  submitted by a potential vendor or contractor to a governmental
   1-16  entity that is related to a proposed contractual arrangement or
   1-17  related to an application for placement on a bidders list or for
   1-18  certification as a historically underutilized or disadvantaged
   1-19  business under a local, state, or federal certification program is
   1-20  excepted from the requirements of Section 552.021.
   1-21        (c)  Subsection (b) does not apply to:
   1-22              (1)  the business name, physical business address, or
   1-23  business phone or facsimile numbers of a potential vendor or
   1-24  contractor; or
    2-1              (2)  the names of the owners of the business entity
    2-2  through which a potential vendor or contractor does business.
    2-3        (d)  After a governmental entity awards a contract to a
    2-4  vendor or contractor, Subsection (b) does not apply to:
    2-5              (1)  information the vendor or contractor submits, or
    2-6  submitted before the award of the contractor to the vendor or
    2-7  contractor, that is related to the contract awarded to the vendor
    2-8  or contractor; or
    2-9              (2)  information the vendor or contractor submitted
   2-10  before the award of the contract to the vendor or contractor that
   2-11  is related to an application for placement on a bidders list or for
   2-12  certification as a historically underutilized or disadvantaged
   2-13  business under a local, state, or federal certification program.
   2-14        SECTION 2.  The change in law made by this Act applies to
   2-15  information acquired by a governmental entity before, on, or after
   2-16  the effective date of this Act.
   2-17        SECTION 3.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended,
   2-22  and that this Act take effect and be in force from and after its
   2-23  passage, and it is so enacted.