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.