By:  Ellis, et al.                                                S.B. No. 141
	(In the Senate - Filed November 25, 2002; January 29, 2003, 
read first time and referred to Committee on Jurisprudence; 
April 7, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 6, Nays 0; April 7, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 141                                    By:  Averitt


A BILL TO BE ENTITLED

AN ACT


relating to authorizing certain state agencies to share certain 
information for investigative purposes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 555, Government Code, is amended by 
adding Subchapter C to read as follows:

SUBCHAPTER C.  SHARING CONFIDENTIAL INFORMATION
	Sec. 555.051.  INFORMATION SHARING AMONG CERTAIN AGENCIES.  
(a)  This section applies only to information held by or for the 
office of the attorney general, the Texas Department of Insurance, 
the Texas State Board of Public Accountancy, the Public Utility 
Commission of Texas, or the State Securities Board that relates to 
the possible commission of corporate fraud by a person who is 
licensed or otherwise regulated by any of those state agencies.  In 
this subsection, "corporate fraud" means a violation of state or 
federal law or rules relating to fraud committed by a corporation, 
limited liability company, or registered limited liability 
partnership or an officer, director, or partner of those entities 
while acting in a representative capacity.
	(b)  Each of the agencies listed in Subsection (a), on 
request or on its own initiative, may share confidential 
information or information to which access is otherwise restricted 
by law with one or more of the other agencies listed in Subsection 
(a) for investigative purposes.  Except as provided by this 
section, confidential information that is shared under this section 
remains confidential under law and legal restrictions on access to 
the information remain in effect.
	(c)  A state agency that receives shared information under 
this section:
		(1)  shall keep the information secure and limit access 
to the information within the agency to agency personnel who need 
access for investigative purposes; and
		(2)  may disclose the information only:                                
			(A)  to another agency listed in Subsection (a) in 
accordance with this section;
			(B)  to the extent necessary to bring or prosecute 
a contested case or court action to restrain or prevent a violation 
of law or to impose sanctions or penalties in connection with a 
violation of law;
			(C)  to an appropriate law enforcement agency or 
prosecutor if the state agency determines that the information may 
be evidence of an offense or evidence that a particular person 
committed an offense; or
			(D)  under a court order or subpoena obtained 
after a showing to a court that disclosure of the information is 
necessary to protect the public health, safety, or welfare.
	SECTION 2.  The heading to Chapter 555, Government Code, is 
amended to read as follows:

CHAPTER 555.  STATE AGENCY RECORDS RELATING TO LICENSE HOLDERS OR 
OTHER REGULATED PERSONS
	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.



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