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Amend SB 1000 as follows:
(1) In SECTION 1 of the bill, in the first sentence of Subsection (a), Section 2113.108, Government Code, as added by the
bill (house committee printing, page 1, line 9), between "(a) A
state agency" and "may not use appropriated", insert "other than
the offices of the attorney general and comptroller".
(2) Strike existing SECTION 2 of the bill (house committee
printing, page 2, lines 4-22) and substitute the following:
SECTION 2. Chapter 323, Government Code, is amended by
adding Section 323.020 to read as follows:
Sec. 323.020. CONTRACTS TO PERFORM STATISTICAL OR
DEMOGRAPHIC ANALYSIS; CONFIDENTIALITY. (a) Except for Subsection
(b), this section does not apply in relation to a statistical or
demographic analysis of information related to the redistricting
process.
(b) The council may determine whether and the extent to
which council resources are available to perform or assist a state
agency in performing a statistical or demographic analysis of
information as described by Section 2113.108.
(c) Except as provided by this section, information that the
council acquires or produces in relation to a statistical or
demographic analysis described by Section 2113.108 is confidential
and not public information subject to Chapter 552, including:
(1) any information that identifies or tends to
identify an individual or other entity that submitted information
or that was asked to submit information for the analysis;
(2) working drafts and working papers developed in
performing the analysis;
(3) contracts and subcontracts entered into for
purposes of performing the analysis;
(4) internal and interagency correspondence sent or
received in the course of performing the analysis;
(5) memoranda of understanding entered into in
relation to performing the analysis; and
(6) data, data files, databases, computer coding,
computer specification programs, data use agreements, and data
dictionaries acquired or used in performing the analysis.
(d) Without regard to whether the council collects
information for purposes of performing a statistical or demographic
analysis of information as described by Section 2113.108
indirectly through the state agency or directly from another
governmental or nongovernmental entity, an individual or other
entity that voluntarily provides information to the state agency or
to the council for purposes of the analysis does not waive any
exception from required disclosure or any privilege not to disclose
the information, and the character of the information as privileged
or excepted from required disclosure is not affected by that action
of the individual or other entity.
(e) A final report containing a statistical or demographic
analysis of information as described by Section 2113.108, a cover
letter or cover memorandum for the final report, and an
announcement that the final report is available are not
confidential and are subject to required public disclosure under
Chapter 552 except to the extent that the final report, cover letter
or cover memorandum, or announcement contains information that
identifies or tends to identify an individual or entity other than
information that names a staff member who performed work in
relation to performing the analysis or that names government
officials on a letterhead.
(f) Notwithstanding Subsection (c)(3), a contract between
the council and a state agency under Section 2113.108 and the names
of the staff members who perform work in relation to performing the
analysis under the contract are not confidential. A contract
between the council and a state agency under Section 2113.108 is
public information subject to Chapter 552.
(g) Information that an individual or other entity submits
for the purpose of a statistical or demographic analysis of
information performed by the council under Section 2113.108 may not
be used against the individual or other entity in a state agency
enforcement proceeding. This subsection does not affect the
ability of a state agency to obtain the information by other means
and to use the information, if obtained by other means, in a state
agency enforcement proceeding.
(3) Add the following new SECTION 3 of the bill and renumber
existing SECTION 3 of the bill as SECTION 4 of the bill:
SECTION 3. Section 552.112, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) Information is excepted from the requirements of
Section 552.021 if it is information submitted by an individual or
other entity to the Texas Legislative Council, or to any state
agency or department overseen by the Finance Commission of Texas
and the information has been or will be sent to the Texas
Legislative Council, for the purpose of performing a statistical or
demographic analysis of information subject to Section 323.020.
However, this subsection does not except from the requirements of
Section 552.021 information that does not identify or tend to
identify an individual or other entity and that is subject to
required public disclosure under Section 323.020(e).