By Naishtat H.B. No. 3637
76R7685 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disclosure of certain information regarding
1-3 applicants and recipients of public assistance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.003(a), Human Resources Code, is
1-6 amended to read as follows:
1-7 (a) Except for purposes directly connected with the
1-8 administration of the department's assistance programs, it is an
1-9 offense for a person to solicit, disclose, receive, or make use of,
1-10 or to authorize, knowingly permit, participate in, or acquiesce in
1-11 the use of the names of or any other identifying information
1-12 regarding [, or any information concerning,] persons applying for
1-13 or receiving assistance if the information is directly or
1-14 indirectly derived from the records, papers, files, or
1-15 communications of the department or acquired by employees of the
1-16 department in the performance of their official duties.
1-17 SECTION 2. Section 21.012, Human Resources Code, is amended
1-18 to read as follows:
1-19 Sec. 21.012. CONFIDENTIALITY OF INFORMATION. (a) The
1-20 department shall establish and enforce reasonable rules governing
1-21 the custody, use, and preservation of the department's records,
1-22 papers, files, and communications. Except as provided by
1-23 Subsection (c), the [The] department shall provide safeguards
1-24 which restrict the use or disclosure of information concerning
2-1 applicants for or recipients of the department's assistance
2-2 programs to purposes directly connected with the administration of
2-3 the programs.
2-4 (b) If under a provision of law lists of the names and
2-5 addresses of recipients of the department's assistance programs are
2-6 furnished to or held by a governmental agency other than the
2-7 department, that agency shall adopt rules necessary to prevent the
2-8 publication of the lists or the use of the lists for purposes not
2-9 directly connected with the administration of the assistance
2-10 programs.
2-11 (c) To the extent permitted by federal law, nonidentifying
2-12 information regarding persons applying for or receiving assistance
2-13 maintained by the department is public information subject to
2-14 disclosure under the open records law, Chapter 552, Government
2-15 Code.
2-16 SECTION 3. (a) The change in law made by Section 1 of this
2-17 Act applies only to an offense committed on or after the effective
2-18 date of this Act. For purposes of this section, an offense is
2-19 committed before the effective date of this Act if any element of
2-20 the offense occurs before that date.
2-21 (b) An offense committed before the effective date of this
2-22 Act is covered by the law in effect when the offense was committed,
2-23 and the former law is continued in effect for that purpose.
2-24 SECTION 4. The change in law made by Section 2 of this Act
2-25 applies to information that is collected, assembled, or maintained
2-26 before, on, or after the effective date of this Act under a law or
2-27 in connection with the transaction of official business by the
3-1 Texas Department of Human Services.
3-2 SECTION 5. This Act takes effect September 1, 1999.
3-3 SECTION 6. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended.