78R5583 JD-D

By:  Wentworth                                                    S.B. No. 872



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 regarding certain 
plans, including emergency prevention or response plans and 
engineering or architectural plans.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 551, Government Code, is 
amended by adding Sections 551.091 and 551.092 to read as follows:
	Sec. 551.091.  DELIBERATIONS RELATING TO EMERGENCY 
PREVENTION AND EMERGENCY RESPONSE PLANS.  This chapter does not 
require a governmental body to conduct an open meeting to 
deliberate tactical, security, or emergency procedures in a plan 
for preventing or responding to an act of terrorism.
	Sec. 551.092.  DELIBERATIONS RELATING TO CERTAIN 
ENGINEERING, ARCHITECTURAL, OR SIMILAR PLANS.  This chapter does 
not require a governmental body to conduct an open meeting to 
deliberate an engineering, architectural, or similar plan or 
drawing if deliberation of the plan or drawing in an open meeting 
could jeopardize the health or safety of an individual or the 
security of a system, a facility, or equipment.
	SECTION 2.  Subchapter C, Chapter 552, Government Code, is 
amended by adding Sections 552.146 and 552.147 to read as follows:
	Sec. 552.146.  EXCEPTION: CERTAIN EMERGENCY PREVENTION OR 
RESPONSE PLANS.  Information is excepted from the requirements of 
Sections 552.021 and 552.022 if the information relates to 
tactical, security, or emergency procedures in a plan for 
preventing or responding to an act of terrorism.
	Sec. 552.147.  EXCEPTION: CERTAIN ENGINEERING, 
ARCHITECTURAL, OR SIMILAR PLANS.  Information is excepted from the 
requirements of Sections 552.021 and 552.022 if the information 
relates to an engineering, architectural, or similar plan or 
drawing and disclosure of the information would jeopardize the 
health or safety of one or more individuals or the security of a 
system, a facility, or equipment.
	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.