78R5154 JD-F

By:  Harris                                                       S.B. No. 809

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.