BILL ANALYSIS

 

 

                                                                                                                                           H.B. 1474

                                                                                                                                           By: Eiland

                                                                                                                      Pensions & Investments

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

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.  HB1474 expands the confidentiality protection provided to TCDRS members, retirees, annuitants and beneficiaries to cover this information when it is in the possession or transit to another governmental entity.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1.  Amends Section 845.115 (a) of the Government Code to provide that in addition to records in the custody of the retirement system, records maintained in the custody of another governmental entity or an administrator or carrier acting in cooperation with or on behalf of the retirement system are also considered confidential.  Also, as amended by this bill, the information concerning an individual member, retiree, annuitant or beneficiary maintained in the above manner is not subject to public disclosure under Chapter 552. 

 

SECTION 2.  Effective date.

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2005