By:  Ratliff                                                      S.B. No. 1875


A BILL TO BE ENTITLED

AN ACT

relating to the application of the open meetings law and the public 
information law to deliberations and information regarding the 
safety, security, or integrity of public wholesale water and 
sewerage supplies and public water and sewerage systems.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 551, Government Code, is 
amended by adding Section 551.0761 to read as follows:
	Sec. 551.0761.  CERTAIN DELIBERATIONS CONCERNING PUBLIC 
WHOLESALE WATER OR SEWERAGE SUPPLY OR PUBLIC WATER OR SEWERAGE 
SYSTEM.  (a)  This chapter does not require a governmental body to 
conduct an open meeting to deliberate any matters concerning an 
assessment of the vulnerability of its system to a terrorist attack 
or other intentional acts intended to substantially disrupt the 
ability of the public wholesale water or sewerage supply or the 
public water or sewerage system to provide a safe and reliable 
supply of water or sewerage service, or those portions of an 
emergency response plan specifying the technical details of 
particular vulnerabilities described in an assessment.
	(b)  For purposes of this section, a public wholesale water 
or sewerage supply or a public water or sewerage system is 
considered to be a public supply or system without regard to whether 
the supply or system is owned or operated by a governmental or 
nongovernmental entity.
	SECTION 2.  Section 551.103, Government Code, is amended by 
adding Subsection (e) to read as follows:
	(e)  A governmental body shall make a tape recording of the 
proceedings of each closed meeting conducted under Section 
551.0761.
	SECTION 3.  Subchapter C, Chapter 552, Government Code, is 
amended by adding Section 552.147 to read as follows:
	Sec. 552.147.  EXCEPTION: CERTAIN INFORMATION RELATING TO 
PUBLIC WHOLESALE WATER OR SEWERAGE SUPPLY OR PUBLIC WATER OR 
SEWERAGE SYSTEM.  (a)  Information is excepted from the 
requirements of Section 552.021 if:
		(1)  the information relates to an assessment by or for 
a governmental body of the vulnerability of its system to a 
terrorist attack or other intentional acts intended to 
substantially disrupt the ability of the public wholesale water or 
sewerage supply or the public water or sewerage system to provide a 
safe and reliable supply of water or sewerage service, or those 
portions of an emergency response plan specifying the technical 
details of particular vulnerabilities described in such an 
assessment; and
		(2)  disclosure of the information may present a risk 
to, or otherwise may compromise, the health or safety of the public.
	(b)  For purposes of this section, a public wholesale water 
or sewerage supply or a public water or sewerage system is 
considered to be a public supply or system without regard to whether 
the supply or system is owned or operated by a governmental or 
nongovernmental entity.
	(c)  This section does not except from the requirements of 
Section 552.021 information that identifies expenditures made by 
the governmental body to:
		(1)  develop information described by Subsection (a); 
or             
		(2)  implement any measures described in the 
information.            
	(d)  A governmental body does not waive the exception from 
required disclosure provided by this section by sharing information 
described by Subsection (a) with a federal, state, or local 
governmental entity.  A state or local governmental entity that 
receives information described by Subsection (a) from a 
governmental body shall take appropriate steps to protect the 
security of the information and to prevent unauthorized disclosure 
of the information.
	SECTION 4.  (a)  Section 552.147, Government Code, as added 
by this Act, applies to information prepared or assembled before, 
on, or after the effective date of this Act.
	(b)  A public disclosure, before the effective date of this 
Act, of information described by Subsection (a), Section 552.147, 
Government Code, as added by this Act, does not waive the exception 
from required disclosure that Section 552.147 provides for the 
information.
	SECTION 5.  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.