78R5154 JD-F
By: Goodman H.B. No. 1718
A BILL TO BE ENTITLED
AN ACT
relating to the application of the public information law to
information pertaining to the security or vulnerability of the
infrastructure, buildings, or operations of an airport.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.145 to read as follows:
Sec. 552.145. EXCEPTION: INFORMATION RELATED TO THE
SECURITY OR VULNERABILITY OF AIRPORT INFRASTRUCTURE, BUILDINGS,
AND OPERATIONS. (a) Information is excepted from the requirements
of Section 552.021 if it is information that relates to the security
or vulnerability of airport infrastructure, buildings, or
operations, including:
(1) a report or other information on the vulnerability
of the infrastructure, buildings, or operations of the airport to
attack, unauthorized access, or harm;
(2) a security warning, threat assessment, emergency
response plan, security preparedness information, or video or audio
surveillance media;
(3) an architectural, engineering, or other plan or
drawing of an airport infrastructure or building, or a plan or
drawing relating to the operations of an airport, the release of
which could give an advantage to a person intending to attack or
gain unauthorized access to an infrastructure, a building, or an
operation of the airport or to harm users of the airport; and
(4) homeland security information made available to
the governmental body by a federal, state, or local law enforcement
or security agency on the condition that the information be kept
confidential or shared only with another federal, state, or local
law enforcement or security agency.
(b) Section 552.007(a) does not apply to an item of
information described by Subsection (a) merely because the
information has been disclosed:
(1) to a federal, state, or local law enforcement or
security agency; or
(2) to a contractor or consultant, or a prospective
contractor or consultant, for the purpose of obtaining an
evaluation of, a design for, the construction of, or an improvement
to an infrastructure or a building of the airport or an evaluation
of, design for, or improvement to the maintenance, operation, or
security of the infrastructure or building, if the contractor or
consultant or the prospective contractor or consultant signs a
confidentiality agreement that:
(A) prohibits disclosure of the information
except as necessary for a purpose described by Subdivision (2); and
(B) requires that:
(i) the information be labeled as
confidential and kept secure;
(ii) the number of copies made of the
information and any notes taken from the information that implicate
the confidential nature of the information be controlled; and
(iii) any copy or note that is not destroyed
or returned remain confidential and subject to the confidentiality
agreement.
(c) This section does not limit the application of Section
552.101 to information excepted from disclosure by this section.
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.