By Sibley                                              S.B. No. 604
         77R3760 JD-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the effect of disclosure by certain state governmental
 1-3     bodies of information that is confidential by law or excepted from
 1-4     public disclosure under the public information law.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter C, Chapter 552, Government Code, is
 1-7     amended by adding Section 552.1015 to read as follows:
 1-8           Sec. 552.1015.  EFFECT OF DISCLOSURE OF CONFIDENTIAL OR
 1-9     CERTAIN EXCEPTED INFORMATION BY CERTAIN STATE GOVERNMENTAL BODIES.
1-10     (a)  This section applies only to information held by a
1-11     governmental body defined by Section 552.003(1)(A)(i).
1-12           (b)  A disclosure of confidential information, as described
1-13     by Section 552.101, by a governmental body to another governmental
1-14     body of this state or to an agency or instrumentality of another
1-15     state, the United States, or another country:
1-16                 (1)  is not a violation of Section 552.352 or any other
1-17     law of this state that prohibits the release or disclosure of the
1-18     information;
1-19                 (2)  does not affect the confidentiality of the
1-20     information;
1-21                 (3)  is not considered a release of information to the
1-22     public for purposes of Section 552.007; and
1-23                 (4)  is not a waiver of any privilege applicable to the
1-24     information under law.
 2-1           (c)  A disclosure by a governmental body of information that
 2-2     is excepted from the requirements of Section 552.021 by this
 2-3     chapter to an entity described by Subsection (b):
 2-4                 (1)  does not affect the continuing applicability of
 2-5     the relevant exception from disclosure;
 2-6                 (2)  is not considered a release of information to the
 2-7     public for purposes of Section 552.007; and
 2-8                 (3)  is not a waiver of any privilege applicable to the
 2-9     information under law.
2-10           (d)  An officer for public information of a governmental body
2-11     who receives a request for information covered by this section
2-12     shall assert that the information is confidential or excepted from
2-13     the requirements of Section 552.021.
2-14           SECTION 2.  This Act takes effect immediately if it receives
2-15     a vote of two-thirds of all the members elected to each house, as
2-16     provided by Section 39, Article III, Texas Constitution.  If this
2-17     Act does not receive the vote necessary for immediate effect, this
2-18     Act takes effect September 1, 2001.