78R10478 JRD-D


By:  Miller, et al.                                               H.B. No. 1015

Substitute the following for H.B. No. 1015:                                   

By:  Elkins                                                   C.S.H.B. No. 1015



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting a governmental body from disclosing a 
person's social security number to a member of the public in certain 
circumstances without the person's written consent.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subchapter C, Chapter 552, Government Code, is 
amended by adding Section 552.140 to read as follows:
	Sec. 552.140.  PROHIBITION ON DISCLOSURE OF SOCIAL SECURITY 
NUMBER.  (a)  Notwithstanding any other law, a person's social 
security number may not be disclosed to a member of the public by a 
governmental body in response to a request for the information made 
under this chapter or another law of this state without the person's 
written consent.  The consent must be given on a clear and 
understandable form that the attorney general shall prescribe for 
that purpose.  If the consent form is part of a larger document, the 
consent form must be a separate page of the larger document and the 
person's signature must appear on that page.
	(b)  Subsection (a) does not prohibit the disclosure of a 
person's social security number without the person's consent:
		(1)  to a federal, state, or local governmental entity 
for a legitimate governmental purpose;
		(2)  by a local governmental body if the social 
security number is contained in information that was created, 
assembled, or first maintained by or for the local governmental 
body before September 1, 2003, and the disclosure of the social 
security number is not otherwise prohibited by law;
		(3)  to a private vendor as necessary to allow the 
vendor to perform a service for the governmental body under a 
contract with the governmental body;
		(4)  in connection with the collection of delinquent 
child support payments; and
		(5)  if the person whose social security number is 
disclosed has been convicted of a felony and the disclosure is 
relevant to establishing the person's identity.
	(c)  A private vendor that receives a social security number 
from a governmental body under Subsection (b)(3) may only disclose 
the social security number as necessary to allow the vendor to 
perform a service for the governmental body under the contract with 
the governmental body.
	SECTION 2.  Section 552.024, Government Code, is amended by 
adding Subsection (g) to read as follows:
	(g)  Subsection (d) does not authorize the release of a 
person's social security number to the extent that the person's 
social security number is protected from required disclosure under 
Section 552.140 or other law.
	SECTION 3.  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.