81R557 JD-D

By: Anchia H.B. No. 4134

A BILL TO BE ENTITLED

AN ACT

relating to the exception from required public disclosure of certain personal information of public employees and public officials.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 552.024, Government Code, is amended to read as follows:

Sec. 552.024. PERSONAL INFORMATION OF EMPLOYEES AND OFFICIALS [ELECTING TO DISCLOSE ADDRESS AND TELEPHONE NUMBER]. (a) Information [Each employee or official of a governmental body and each former employee or official of a governmental body shall choose whether to allow public access to the information] in the custody of a [the] governmental body that relates to the [person's] home address, home telephone number, date of birth, shift assignment, or social security number of an employee, official, former employee, or former official of the governmental body, or that reveals whether the person has family members,[.

[(b) Each employee and official and each former employee and official shall state that person's choice under Subsection (a) to the main personnel officer of the governmental body in a signed writing not later than the 14th day after the date on which:

[(1) the employee begins employment with the governmental body;

[(2) the official is elected or appointed; or

[(3) the former employee or official ends service with the governmental body.

[(c) If the employee or official or former employee or official chooses not to allow public access to the information, the information] is excepted from the requirements of Section 552.021 [protected under Subchapter C.

[(d) If an employee or official or a former employee or official fails to state the person's choice within the period established by this section, the information is subject to public access].

(b) [(e)] An employee, [or] official, [or] former employee, or former official of a governmental body who wishes to [close or] open public access to all or part of the information may request in writing that the main personnel officer of the governmental body [close or] open access to that information.

[(f) This section does not apply to a person to whom Section 552.1175 applies.]

SECTION 2. Section 552.117(a), Government Code, is amended to read as follows:

(a) Information is excepted from the requirements of Section 552.021 if it is information that relates to the home address, home telephone number, or social security number of the following person or that reveals whether the person has family members:

(1) [a current or former official or employee of a governmental body, except as otherwise provided by Section 552.024;

[(2)] a peace officer as defined by Article 2.12, Code of Criminal Procedure, or a security officer commissioned under Section 51.212, Education Code, regardless of whether the officer complies with Section [552.024 or] 552.1175[, as applicable];

(2) [(3)] a current or former employee of the Texas Department of Criminal Justice or of the predecessor in function of the department or any division of the department, regardless of whether the current or former employee complies with Section 552.1175;

(3) [(4)] a peace officer as defined by Article 2.12, Code of Criminal Procedure, or other law, a reserve law enforcement officer, a commissioned deputy game warden, or a corrections officer in a municipal, county, or state penal institution in this state who was killed in the line of duty, regardless of whether the deceased complied with Section [552.024 or] 552.1175;

(4) [(5)] a commissioned security officer as defined by Section 1702.002, Occupations Code, regardless of whether the officer complies with Section [552.024 or] 552.1175[, as applicable]; or

(5) [(6)] an officer or employee of a community supervision and corrections department established under Chapter 76 who performs a duty described by Section 76.004(b), regardless of whether the officer or employee complies with Section [552.024 or] 552.1175.

SECTION 3. Section 552.138(b), Government Code, is amended to read as follows:

(b) Information maintained by a family violence shelter center or sexual assault program is excepted from the requirements of Section 552.021 if it is information that relates to:

(1) the home address, home telephone number, or social security number of an employee or a volunteer worker of a family violence shelter center or a sexual assault program[, regardless of whether the employee or worker complies with Section 552.024];

(2) the location or physical layout of a family violence shelter center;

(3) the name, home address, home telephone number, or numeric identifier of a current or former client of a family violence shelter center or sexual assault program;

(4) the provision of services, including counseling and sheltering, to a current or former client of a family violence shelter center or sexual assault program;

(5) the name, home address, or home telephone number of a private donor to a family violence shelter center or sexual assault program; or

(6) the home address or home telephone number of a member of the board of directors or the board of trustees of a family violence shelter center or sexual assault program[, regardless of whether the board member complies with Section 552.024].

SECTION 4. (a) Section 552.024, Government Code, as amended by this Act, applies only in connection with a request for information received by a governmental body on or after the effective date of this Act. A request for information received by a governmental body before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

(b) Section 552.024, Government Code, as amended by this Act, applies to personal information prepared or assembled before, on, or after the effective date of this Act.

(c) A public disclosure before the effective date of this Act of personal information described by Section 552.024, Government Code, does not waive the exception from disclosure provided by that section, as amended by this Act.

SECTION 5. This Act takes effect September 1, 2009.