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.