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.