79R2680 UM-D

By:  Hupp                                                         H.B. No. 318



A BILL TO BE ENTITLED

AN ACT

relating to the confidentiality of certain records maintained by 
the Department of Public Safety regarding persons licensed to carry 
a concealed handgun.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Section 411.192, Government Code, is amended to 
read as follows:
	Sec. 411.192.  CONFIDENTIALITY OF RECORDS.  (a)  The 
department shall disclose to a criminal justice agency information 
contained in its files and records regarding whether a named 
individual or any individual named in a specified list is licensed 
under this subchapter.  [The department shall, on written request 
and payment of a reasonable fee to cover costs of copying, disclose 
to any other individual whether a named individual or any 
individual whose full name is listed on a specified written list is 
licensed under this subchapter.]  Information on an individual 
subject to disclosure under this section includes the individual's 
name, date of birth, gender, race, and zip code.  Except as 
otherwise provided by this section and by Section 411.193, all 
other records maintained under this subchapter are confidential and 
are not subject to mandatory disclosure under the open records law, 
Chapter 552.
	(b)  An [, except that the] applicant or license holder may 
be furnished a copy of disclosable records regarding the applicant 
or license holder on request and the payment of a reasonable fee.
	(c)  The department shall notify a license holder of any 
request that is made for information relating to the license holder 
under this section and provide the name of the [person or] agency 
making the request.
	(d)  This section does not prohibit the department from 
making public and distributing to the public at no cost lists of 
individuals who are certified as qualified handgun instructors by 
the department.
	SECTION 2.   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, 2005.