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A BILL TO BE ENTITLED
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AN ACT
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relating to information obtained under the public information law |
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for legislative purposes that indicates a crime has been committed |
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by a governmental body or a governmental officer or employee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.008, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) Notwithstanding Subsection (b), a governmental body may |
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not require a requesting entity that receives information under |
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this section that is confidential under state law or the members or |
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employees of the requesting entity who will view or handle the |
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information to sign a confidentiality agreement if the information |
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indicates or contains evidence that the governmental body or an |
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officer or employee of the governmental body committed a crime that |
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has not clearly been detected, investigated, or prosecuted by an |
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appropriate authority. If a confidentiality agreement is signed |
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under Subsection (b) and the requesting entity or a member or |
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employee of the requesting entity who signed the confidentiality |
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agreement subsequently makes a good faith determination that the |
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information that is the subject of the confidentiality agreement |
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indicates or contains evidence that the governmental body from |
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which the information was obtained or an officer or employee of the |
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governmental body committed a crime that has not clearly been |
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detected, investigated, or prosecuted by an appropriate authority, |
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the confidentiality agreement is void. |
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SECTION 2. Section 552.352, Government Code, is amended by |
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adding Subsection (a-3) to read as follows: |
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(a-3) It is an exception to the application of Subsection |
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(a-1) that the officer or employee of a governmental body who |
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obtained access to confidential information under Section 552.008 |
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determined in good faith that the information indicated or |
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contained evidence that the governmental body from which the |
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information was obtained or an officer or employee of that |
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governmental body committed a crime that has not clearly been |
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detected, investigated, or prosecuted by an appropriate authority. |
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SECTION 3. Sections 552.008(d) and 552.352(a-3), |
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Government Code, as added by this Act, apply in relation to |
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information received under Section 552.008, Government Code, |
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before, on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |