LEGISLATIVE BUDGET BOARD
Austin, Texas
 
OPEN GOVERNMENT IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
May 18, 2005

TO:
Honorable Robert Duncan, Chair, Senate Committee on State Affairs
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB2309 by Denny (Relating to certain election processes and procedures.), As Engrossed

As a result of this bill there will be no significant restriction upon:

(1) the open records law;
(2) the open meetings law;
(3) the access to government information; or
(4) the ability of the citizens of Texas to transact public business.

The bill would amend the Election Code to except certain information provided on provisional ballots from the disclosure requirements of the Public Information Act. The bill states that social security numbers, Texas driver's license numbers, and personal identification card numbers that are provided on provisional ballots are confidential and are excepted from mandatory disclosure. 

Information relating to driver's license and personal identification card numbers is currently confidential under both Government Code Section 552.130 and Transportation Code Chapter 730, the Motor Vehicle Records Disclosure Act. 

The Office of the Attorney General has determined that a social security number is excepted from required public disclosure under Section 552.101, in conjunction with the 1990 amendments to the federal Social Security Act, if the social security number was maintained or obtained by a governmental body pursuant to any provision of law enacted on or after October 1, 1990.  See Tex. Att'y Gen. ORD-674 (2001).  Therefore, social security numbers listed on provisional ballots would be exempted from public disclosure under Section 552.101.  It is not anticipated that the bill will have an impact on open government laws.



Source Agencies:
LBB Staff:
JOB, VDS, AM