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.