78R2236 JD-D

By:  Allen                                                        H.B. No. 437


A BILL TO BE ENTITLED
AN ACT
relating to an exemption from public disclosure for information that is collected, assembled, or maintained for purposes of emergency management or disaster planning. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 418.175, Government Code, is amended to read as follows: Sec. 418.175. CERTAIN INFORMATION EXCEPTED FROM PUBLIC DISCLOSURE [CONFIDENTIAL]. (a) Information that [relates to physically or mentally disabled individuals or other medically fragile individuals and that] is collected, assembled, or maintained for purposes of emergency management or disaster planning is [confidential and] excepted from required disclosure under Chapter 552 if the person in possession of the information believes that disclosure of the information would compromise or interfere with implementation of the emergency management or disaster plan of the state, an agency or political subdivision of the state, or an agency of a political subdivision of the state. (b) This section applies to information in the possession of any person, including: (1) the state, an agency or [of the state, a] political subdivision of the state, or an agency of a political subdivision of the state; or (2) an electric, telecommunications, gas, or water utility. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.