1-1 By: Sibley S.B. No. 604 1-2 (In the Senate - Filed February 8, 2001; February 12, 2001, 1-3 read first time and referred to Committee on State Affairs; 1-4 March 1, 2001, rereferred to Committee on Business and Commerce; 1-5 March 26, 2001, reported adversely, with favorable Committee 1-6 Substitute by the following vote: Yeas 7, Nays 0; March 26, 2001, 1-7 sent to printer.) 1-8 COMMITTEE SUBSTITUTE FOR S.B. No. 604 By: Sibley 1-9 A BILL TO BE ENTITLED 1-10 AN ACT 1-11 relating to the effect of disclosure by certain state governmental 1-12 bodies of information that is confidential by law or excepted from 1-13 public disclosure under the public information law. 1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-15 SECTION 1. Subchapter C, Chapter 552, Government Code, is 1-16 amended by adding Section 552.1015 to read as follows: 1-17 Sec. 552.1015. EFFECT OF DISCLOSURE OF CONFIDENTIAL OR 1-18 CERTAIN EXCEPTED INFORMATION BY CERTAIN STATE GOVERNMENTAL BODIES. 1-19 (a) This section applies only to information held by a 1-20 governmental body defined by Section 552.003(1)(A)(i). 1-21 (b) A disclosure of confidential information, as described 1-22 by Section 552.101, by a governmental body to another governmental 1-23 body of this state or to an agency or instrumentality of another 1-24 state, the United States, or another country: 1-25 (1) is not a violation of Section 552.352 or any other 1-26 law of this state that prohibits the release or disclosure of the 1-27 information; 1-28 (2) does not affect the confidentiality of the 1-29 information; 1-30 (3) is not considered a release of information to the 1-31 public for purposes of Section 552.007; and 1-32 (4) is not a waiver of any privilege applicable to the 1-33 information under law. 1-34 (c) A disclosure by a governmental body of information that 1-35 is excepted from the requirements of Section 552.021 by this 1-36 chapter to an entity described by Subsection (b): 1-37 (1) does not affect the continuing applicability of 1-38 the relevant exception from disclosure; 1-39 (2) is not considered a release of information to the 1-40 public for purposes of Section 552.007; and 1-41 (3) is not a waiver of any privilege applicable to the 1-42 information under law. 1-43 (d) An officer for public information of a governmental body 1-44 who receives a request for information covered by this section 1-45 shall assert that the information is confidential or excepted from 1-46 the requirements of Section 552.021. 1-47 (e) This section does not authorize the disclosure of 1-48 information that is confidential and not subject to disclosure 1-49 under Chapter 154, Civil Practices and Remedies Code, or Chapter 1-50 2009 of this code. 1-51 SECTION 2. This Act takes effect immediately if it receives 1-52 a vote of two-thirds of all the members elected to each house, as 1-53 provided by Section 39, Article III, Texas Constitution. If this 1-54 Act does not receive the vote necessary for immediate effect, this 1-55 Act takes effect September 1, 2001. 1-56 * * * * *