By:  Ratliff                                                      S.B. No. 1875
	(In the Senate - Filed March 21, 2003; March 24, 2003, read 
first time and referred to Committee on State Affairs; 
April 2, 2003, reported favorably by the following vote:  Yeas 8, 
Nays 0; April 2, 2003, sent to printer.)

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.
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