BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1474

79R5568 DLF-F                                                                                                   By: Eiland (Janek)

                                                                                                                                       State Affairs

                                                                                                                                            5/18/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Current law prevents the public disclosure of information retained by the Texas County and District Retirement System (TCDRS) that specifically identifies any one individual.  However, in the normal daily business conducted between TCDRS and county offices throughout the state, this information has to be shared in order to insure accurate records for retirees and participants in the system.  The same information that is considered confidential when retained by TCDRS becomes subject to the open records law when it is in possession of a county office. 

 

H.B. 1474 expands the confidentiality protection provided to TCDRS members, retirees, annuitants, and beneficiaries to cover this information when it is in the possession of or in transit to another governmental entity.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 845.115(a), Government Code, to provide that information contained in records in the custody of the Texas County and District Retirement System (TCDRS) or maintained in the custody of another governmental entity or an administrator or carrier acting in cooperation with or on behalf of TCDRS concerning an individual member, retiree, annuitant, or beneficiary is confidential and is not subject to public disclosure under Chapter 552 (Public Information).  Prohibits the information from being disclosed in a form identifiable with a specific individual unless certain circumstances apply.  Makes a nonsubstantive change.

 

SECTION 2.  Effective date:  upon passage or September 1, 2005.