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.