By:  Geren                                                        H.B. No. 1302



A BILL TO BE ENTITLED

AN ACT

relating to the application of the open meetings law and the public 
information law to deliberations and information regarding the 
safety, security or integrity of public water and sewer supplies 
and public water and sewer systems.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 551, Government Code, is 
amended by adding Section 551.0761 to read as follows:
	Sec. 551.0761  CERTAIN DELIBERATIONS CONCERNING PUBLIC 
WATER SUPPLIES AND PUBLIC WATER AND SEWER SYSTEMS.  This chapter 
does not require a governmental body to conduct an open meeting to 
deliberate any matters concerning any response to, or protection 
from, potential or actual threats of terrorism or vandalism to the 
safety, security or integrity of a public water or sewer supply or a 
public water or sewer system.
	SECTION 2.  Subchapter C, Chapter 552, Government Code, is 
amended by adding Section 552.147 to read as follows:
	Sec. 552.147.  EXEMPTION:  CERTAIN INFORMATION RELATING TO 
THE SAFETY, SECURITY OR INTEGRITY OR PUBLIC WATER SUPPLIES AND 
PUBLIC WATER AND SEWER SYSTEMS.  (a)  Information is excepted from 
the requirements of Section 552.021 if:
		(1)  the information relates to responses to, or 
protection from, potential or actual threats of terrorism or 
vandalism to the safety, security or integrity of a public water or 
sewer supply or a public water or sewer system; and
		(2)  the governmental body determines that disclosure 
of the information may present a risk to, or otherwise may 
compromise, the health or safety of the public.
	(b)  This section does not except form the requirements of 
Section 552.021 information that:
		(1)  is requested by a law enforcement official of the 
United States or a state or local government in the performance of 
the official's duties;
		(2)  is requested or required by an agency of the United 
States or a state or local government for purposes of enforcing the 
agency's statutory duties; or
		(3)  identifies expenditures by the governmental body 
for development of the information or implementation of any 
measures described in the information.
	(c)  A law enforcement office or state or local government 
agency shall promulgate rules for the protection of information 
disclosed to a law enforcement official or state or local 
government agency and the information is excepted from the 
requirements of Section 552.021 to the same extent that it is 
excepted from those requirements by the governmental body providing 
the information.
	(d)  Information described by the subsection (a) may be 
provided to other governmental bodies without becoming public 
information if the information is provided in the course of 
cooperative planning for response to, or protection from, potential 
or actual threats of terrorism or vandalism.  The other 
governmental bodies shall ensure that the information is excepted 
from the requirements of Section 552.021 to the same extent that it 
is excepted from those requirements by the governmental body 
providing the information.
	SECTION 3.  (a)  Section 552.147, Government Code, as added 
by this Act, applies to information prepared or assembled before, 
on, or after the effective date of this act.
	(b)  A public disclosure, before the effective date of this 
Act, of information described by Section 552.147, Government Code, 
as added by this Act, does not waive the exception from required 
disclosure that Section 552.147 provides for the information.
	SECTION 4.  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, the 
Act takes effect September 1, 2003.