Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Wolens H.B. No. 123
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of protective orders.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1.01. Add new Section 1.408 to the Public Utility
1-5 Regulatory Act of 1995 to read as follows:
1-6 (a) It is the policy of this State that documents filed at
1-7 the Public Utility Commission of Texas are presumed to be open to
1-8 the general public and may be classified as confidential
1-9 information under a protective order only upon a showing of all of
1-10 the following for each document for which protection is sought:
1-11 (1) a specific, serious and substantial interest which
1-12 clearly outweighs:
1-13 (A) this presumption of openness; and
1-14 (B) any probable adverse effect that classifying
1-15 the information as confidential will have on the public;
1-16 (2) no less restrictive means than classifying the
1-17 information as confidential under a protective order will
1-18 adequately and effectively protect the specific interest asserted.
1-19 (b) The party requesting that information be designated as
1-20 confidential under a protective order must affirmatively file a
1-21 motion for a protective order for each separate document for which
1-22 protection is sought. Motions for protective orders must include
1-23 evidence to support the allegations made therein.
1-24 (c) A party seeking a protective order under this section,
2-1 shall file a redacted version of the information pending a
2-2 determination by the Presiding Officer that the information merits
2-3 classification as confidential under a protective order. The
2-4 redacted version of the information shall be open to public
2-5 inspection.
2-6 (d) A rebuttable presumption of non-confidentiality will
2-7 exist for information older than twelve months.
2-8 SECTION 1.02. The importance of this legislation and the
2-9 crowded condition of the Calendar in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.