By: Baxter H.B. No. 1586
A BILL TO BE ENTITLED
relating to excepting from required public disclosure under the
public information law the assessments of a utility's vulnerability
to intentional acts of harm.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.141 to read as follows:
Sec. 552.141. EXCEPTION: GOVERNMENT INFORMATION RELATED TO
UTILITY VULNERABILITY. (a) In this section, "utility
infrastructure or procedures" means infrastructure or procedures
involved in the provision of water, wastewater, electric,
telecommunications, gas, or cable service, without regard to
whether the provider of the service is:
(1) a governmental or nongovernmental entity; or
(2) considered to be a utility or a provider of utility
services under the Utilities Code, the Water Code, or other law.
(b) Information is excepted from the requirements of
Section 552.021 if it is information:
(1) prepared or assembled by or for a governmental
body for the purpose of assessing the vulnerability of utility
infrastructure or procedures to disruption or damage by an
intentional act of harm; or
(2) that assesses or describes existing or proposed
measures to lessen the vulnerability of utility infrastructure or
procedures to disruption or damage by an intentional act of harm.
(c) A governmental body does not waive the exception from
required disclosure provided by this section by sharing information
described by this section with a federal, state, or local
governmental entity or with an affected provider of services.
SECTION 2. (a) Section 552.141, 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 552.141, Government Code,
as added by this Act, does not waive the exception from required
disclosure that Section 552.141 provides for the information.
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.