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H.B. No. 2032
AN ACT
relating to the confidentiality of e-mail addresses under the
public information law and legislative use of certain confidential
information; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.137, Government Code, is amended to
read as follows:
Sec. 552.137. CONFIDENTIALITY OF CERTAIN E-MAIL ADDRESSES.
(a) Except as otherwise provided by this section, an [An] e-mail
address of a member of the public that is provided for the purpose
of communicating electronically with a governmental body is
confidential and not subject to disclosure under this chapter.
(b) Confidential information described by this section that
relates to a member of the public may be disclosed if the member of
the public affirmatively consents to its release.
(c) Subsection (a) does not apply to an e-mail address:
(1) provided to a governmental body by a person who has
a contractual relationship with the governmental body or by the
contractor's agent;
(2) provided to a governmental body by a vendor who
seeks to contract with the governmental body or by the vendor's
agent;
(3) contained in a response to a request for bids or
proposals, contained in a response to similar invitations
soliciting offers or information relating to a potential contract,
or provided to a governmental body in the course of negotiating the
terms of a contract or potential contract; or
(4) provided to a governmental body on a letterhead,
coversheet, printed document, or other document made available to
the public.
(d) Subsection (a) does not prevent a governmental body from
disclosing an e-mail address for any reason to another governmental
body or to a federal agency.
SECTION 2. Section 552.352, Government Code, is amended by
adding Subsections (a-1) and (a-2) to read as follows:
(a-1) An officer or employee of a governmental body who
obtains access to confidential information under Section 552.008
commits an offense if the officer or employee knowingly:
(1) uses the confidential information for a purpose
other than the purpose for which the information was received or for
a purpose unrelated to the law that permitted the officer or
employee to obtain access to the information, including
solicitation of political contributions or solicitation of
clients;
(2) permits inspection of the confidential
information by a person who is not authorized to inspect the
information; or
(3) discloses the confidential information to a person
who is not authorized to receive the information.
(a-2) For purposes of Subsection (a-1), a member of an
advisory committee to a governmental body who obtains access to
confidential information in that capacity is considered to be an
officer or employee of the governmental body.
SECTION 3. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2032 was passed by the House on May 2,
2003, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 2032 on May 30, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2032 was passed by the Senate, with
amendments, on May 28, 2003, by a viva-voce vote.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor