78R5154 JD-F

By:  Harris                                                       S.B. No. 809



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.