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                                  * * * * *