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79R3317 JRD-D

By:  Goolsby                                                      H.B. No. 2168



A BILL TO BE ENTITLED

AN ACT

relating to the liability of a district or county clerk for the 
release of information that is subsequently expunged or made 
confidential.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter G, Chapter 51, Government Code, is 
amended by adding Section 51.608 to read as follows:
	Sec. 51.608.  LIABILITY OF DISTRICT OR COUNTY CLERK FOR 
RELEASE OF CERTAIN INFORMATION.  A district or county clerk and an 
employee of a district or county clerk is not criminally or civilly 
liable for the good faith release of information under Chapter 552 
(the public information law) or under other law if:
		(1)  the information contains items that, at the time 
of the release, were available for public disclosure but that, 
after the release, were expunged or made confidential; and
		(2)  the person to whom the information was released, 
or a person who obtained the information through the person to whom 
the information was released, distributes or otherwise publicizes 
the items after the date that the items were expunged or made 
confidential.
	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.