By Hupp                                                H.B. No. 334
         77R2557 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the confidentiality of certain records maintained by
 1-3     the Department of Public Safety regarding persons licensed to carry
 1-4     a concealed handgun.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 411.192, Government Code, is amended to
 1-7     read as follows:
 1-8           Sec. 411.192.  CONFIDENTIALITY OF RECORDS. (a)  The
 1-9     department shall disclose to a criminal justice agency information
1-10     contained in its files and records regarding whether a named
1-11     individual or any individual named in a specified list is licensed
1-12     under this subchapter.  [The department shall, on written request
1-13     and payment of a reasonable fee to cover costs of copying, disclose
1-14     to any other individual whether a named individual or any
1-15     individual whose full name is listed on a specified written list is
1-16     licensed under this subchapter.]  Information on an individual
1-17     subject to disclosure under this section includes the individual's
1-18     name, date of birth, gender, race, and zip code.  Except as
1-19     otherwise provided by this section and by Section 411.193, all
1-20     other records maintained under this subchapter are confidential and
1-21     are not subject to mandatory disclosure under the open records law,
1-22     Chapter 552.
1-23           (b)  An [, except that the] applicant or license holder may
1-24     be furnished a copy of disclosable records regarding the applicant
 2-1     or license holder on request and the payment of a reasonable fee.
 2-2           (c)  The department shall notify a license holder of any
 2-3     request that is made for information relating to the license holder
 2-4     under this section and provide the name of the [person or] agency
 2-5     making the request.
 2-6           (d)  This section does not prohibit the department from
 2-7     making public and distributing to the public at no cost lists of
 2-8     individuals who are certified as qualified handgun instructors by
 2-9     the department.
2-10           SECTION 2.  This Act takes effect immediately if it receives
2-11     a vote of two-thirds of all the members elected to each house, as
2-12     provided by Section 39, Article III, Texas Constitution.  If this
2-13     Act does not receive the vote necessary for immediate effect, this
2-14     Act takes effect September 1, 2001.