By:  Allen, King, Flores, Geren, Baxter,                          H.B. No. 1191
 
    et al.                                                                   


A BILL TO BE ENTITLED

AN ACT

relating to the confidentiality of certain sensitive information.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter H, Chapter 418, Government Code, is 
amended by adding Sections 418.176-418.182 to read as follows:
	Sec. 418.176.  CONFIDENTIALITY OF CERTAIN INFORMATION 
RELATING TO EMERGENCY RESPONSE PROVIDERS.  (a)  Information is 
confidential if the information is collected, assembled, or 
maintained by or for a governmental entity for the purpose of 
preventing, detecting, responding to, or investigating an act of 
terrorism or related criminal activity and:
		(1)  relates to the staffing requirements of an 
emergency response provider, including a law enforcement agency, a 
fire-fighting agency, or an emergency services agency;
		(2)  relates to a tactical plan of the provider; or                    
		(3)  consists of a list or compilation of pager or 
telephone numbers, including mobile and cellular telephone 
numbers, of the provider.
	(b)  In this section and Sections 418.177-418.182, 
"governmental entity" includes the governing body of a nonprofit 
corporation organized under Chapter 67, Water Code, that provides a 
water supply or wastewater service, or both, and is exempt from ad 
valorem taxation under Section 11.30, Tax Code.
	Sec. 418.177.  CONFIDENTIALITY OF CERTAIN INFORMATION 
RELATING TO RISK OR VULNERABILITY ASSESSMENT. Information is 
confidential if the information:
		(1)  is collected, assembled, or maintained by or for a 
governmental entity for the purpose of preventing, detecting, or 
investigating an act of terrorism or related criminal activity; and
		(2)  relates to an assessment by or for a governmental 
entity, or an assessment that is maintained by a governmental 
entity, of the risk or vulnerability of persons or property, 
including critical infrastructure, to an act of terrorism or 
related criminal activity.
	Sec. 418.178.  CONFIDENTIALITY OF CERTAIN INFORMATION 
RELATING TO CONSTRUCTION OR ASSEMBLY OF WEAPONS.  (a)  In this 
section, "explosive weapon" has the meaning assigned by Section 
46.01, Penal Code.
	(b)  Information is confidential if it is information 
collected, assembled, or maintained by or for a governmental entity 
and:
		(1)  is more than likely to assist in the construction 
or assembly of an explosive weapon or a chemical, biological, 
radiological, or nuclear weapon of mass destruction; or
		(2)  indicates the specific location of a chemical, 
biological agent, toxin, or radioactive material that is more than 
likely to be used in the construction or assembly of such a weapon.
	Sec. 418.179.  CONFIDENTIALITY OF CERTAIN ENCRYPTION CODES 
AND SECURITY KEYS FOR COMMUNICATIONS SYSTEM.  Information is 
confidential if the information:
		(1)  is collected, assembled, or maintained by or for a 
governmental entity for the purpose of preventing, detecting, or 
investigating an act of terrorism or related criminal activity; and
		(2)  relates to the details of the encryption codes or 
security keys for a public communications system.
	Sec. 418.180.  CONFIDENTIALITY OF CERTAIN INFORMATION 
PREPARED FOR UNITED STATES.  Information in the possession of a 
governmental entity that was prepared at the request or direction 
of the United States other than financial information and relates 
to an act of terrorism or related criminal activity is 
confidential.
	Sec. 418.181.  CONFIDENTIALITY OF CERTAIN INFORMATION 
RELATING TO CRITICAL INFRASTRUCTURE.  Those documents or portions 
of documents in the possession of a governmental entity are 
confidential if they identify the technical details of particular 
vulnerabilities to an act of terrorism described in a vulnerability 
assessment or other report.
	Sec. 418.182.  DISCLOSURE OF CERTAIN CONFIDENTIAL 
INFORMATION.  (a)  This section applies only to information that is 
confidential under Sections 418.176-418.181.
	(b)  At any time during a state of disaster, the executive or 
administrative head of the governmental entity may voluntarily 
disclose or otherwise make available all or part of the 
confidential information to another person or other entity if the 
executive or administrative head believes that the other person or 
entity has a legitimate need for the information.
	(c)  The disclosure or making available of confidential 
information under Subsection (b) does not waive or affect the 
confidentiality of the information.
	(d)  A governmental body subject to Chapter 551 is not 
required to conduct an open meeting to deliberate information to 
which this section applies.  Notwithstanding Section 551.103(a), 
the governmental body must make a tape recording of the proceedings 
of a closed meeting to deliberate the information.
	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.