This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                

78R5898 JD-F

By:  Lindsay                                                      S.B. No. 764



A BILL TO BE ENTITLED

AN ACT

relating to the application of the open meetings law and the public 
information law to meetings and information of certain governmental 
bodies relating to the security of a port in this state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 551, Government Code, is 
amended by adding Section 551.094 to read as follows:
	Sec. 551.094.  DELIBERATIONS RELATING TO SECURITY MEASURES 
OF PORT.  (a)  This section applies only to a governmental body that 
governs a port in this state.
	(b)  This chapter does not require the governmental body to 
conduct an open meeting to deliberate regarding the following 
matters relating to the security of the port, if deliberation of the 
security measures in an open meeting could jeopardize the security 
of the port:
		(1)  a security plan for the protection of the port;                   
		(2)  a report, audit, assessment, evaluation, or 
recommendation relating to the port; or
		(3)  information that is not required to be disclosed 
to the public under the Maritime Transportation Security Act of 
2002, Pub. L. 107-295, including:
			(A)  facility security plans, vessel security 
plans, and port vulnerability assessments; and
			(B)  other information relating to security 
plans, procedures, or programs for vessels or facilities authorized 
under Chapter 701, Subtitle VI, Title 26, United States Code.
	SECTION 2.  Subchapter C, Chapter 552, Government Code, is 
amended by adding Section 552.148 to read as follows:
	Sec. 552.148.  EXCEPTION: SECURITY MEASURES OF PORT.  (a)  
Information is excepted from the requirements of Section 552.021 if 
the information relates to security measures of a port in this state 
and disclosure of the information could jeopardize the security of 
the port, including:
		(1)  a security plan for the protection of the port;                   
		(2)  a report, audit, assessment, evaluation, or 
recommendation relating to the port; or
		(3)  information that is not required to be disclosed 
to the public under the Maritime Transportation Security Act of 
2002, Pub. L. 107-295, including:
			(A)  facility security plans, vessel security 
plans, and port vulnerability assessments; and
			(B)  other information relating to security 
plans, procedures, or programs for vessels or facilities authorized 
under Chapter 701, Subtitle VI, Title 26, United States Code.
	(b)  Section 552.022, providing that a category of 
information described by Subsection (a) of that section is not 
excepted from required disclosure under this chapter unless it is 
expressly confidential under another law, does not apply to 
information excepted from the requirements of Section 552.021 by 
Subsection (a) of this section.
	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.