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AN ACT
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relating to allowing a governmental body to redact certain personal |
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information under the public information law without the necessity |
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of requesting a decision from the attorney general and allowing |
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information about a public officer or public employee to be |
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withheld if disclosure would pose a substantial risk of physical |
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harm. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.024, Government Code, is amended by |
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amending Subsection (c) and adding Subsections (c-1) and (c-2) to |
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read as follows: |
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(c) If the employee or official or former employee or |
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official chooses not to allow public access to the information: |
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(1) [,] the information is protected under Subchapter |
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C; and |
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(2) the governmental body may redact the information |
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from any information the governmental body discloses under Section |
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552.021 without the necessity of requesting a decision from the |
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attorney general under Subchapter G. |
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(c-1) If, under Subsection (c)(2), a governmental body |
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redacts or withholds information without requesting a decision from |
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the attorney general about whether the information may be redacted |
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or withheld, the requestor is entitled to seek a decision from the |
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attorney general about the matter. The attorney general by rule |
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shall establish procedures and deadlines for receiving information |
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necessary to decide the matter and briefs from the requestor, the |
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governmental body, and any other interested person. The attorney |
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general shall promptly render a decision requested under this |
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subsection, determining whether the redacted or withheld |
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information was excepted from required disclosure to the requestor, |
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not later than the 45th business day after the date the attorney |
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general received the request for a decision under this subsection. |
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The attorney general shall issue a written decision on the matter |
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and provide a copy of the decision to the requestor, the |
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governmental body, and any interested person who submitted |
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necessary information or a brief to the attorney general about the |
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matter. The requestor or the governmental body may appeal a |
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decision of the attorney general under this subsection to a Travis |
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County district court. |
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(c-2) A governmental body that redacts or withholds |
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information under Subsection (c)(2) shall provide the following |
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information to the requestor on a form prescribed by the attorney |
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general: |
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(1) a description of the redacted or withheld |
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information; |
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(2) a citation to this section; and |
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(3) instructions regarding how the requestor may seek |
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a decision from the attorney general regarding whether the redacted |
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or withheld information is excepted from required disclosure. |
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SECTION 2. Section 552.1175, Government Code, is amended by |
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adding Subsections (f), (g), and (h) to read as follows: |
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(f) A governmental body may redact information that must be |
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withheld under Subsection (b) from any information the governmental |
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body discloses under Section 552.021 without the necessity of |
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requesting a decision from the attorney general under Subchapter G. |
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(g) If, under Subsection (f), a governmental body redacts or |
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withholds information without requesting a decision from the |
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attorney general about whether the information may be redacted or |
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withheld, the requestor is entitled to seek a decision from the |
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attorney general about the matter. The attorney general by rule |
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shall establish procedures and deadlines for receiving information |
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necessary to decide the matter and briefs from the requestor, the |
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governmental body, and any other interested person. The attorney |
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general shall promptly render a decision requested under this |
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subsection, determining whether the redacted or withheld |
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information was excepted from required disclosure to the requestor, |
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not later than the 45th business day after the date the attorney |
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general received the request for a decision under this subsection. |
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The attorney general shall issue a written decision on the matter |
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and provide a copy of the decision to the requestor, the |
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governmental body, and any interested person who submitted |
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necessary information or a brief to the attorney general about the |
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matter. The requestor or the governmental body may appeal a |
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decision of the attorney general under this subsection to a Travis |
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County district court. |
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(h) A governmental body that redacts or withholds |
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information under Subsection (f) shall provide the following |
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information to the requestor on a form prescribed by the attorney |
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general: |
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(1) a description of the redacted or withheld |
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information; |
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(2) a citation to this section; and |
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(3) instructions regarding how the requestor may seek |
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a decision from the attorney general regarding whether the redacted |
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or withheld information is excepted from required disclosure. |
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SECTION 3. Section 552.138, Government Code, is amended by |
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adding Subsections (c), (d), and (e) to read as follows: |
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(c) A governmental body may redact information maintained |
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by a family violence shelter center or sexual assault program that |
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may be withheld under Subsection (b)(1) or (6) from any information |
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the governmental body discloses under Section 552.021 without the |
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necessity of requesting a decision from the attorney general under |
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Subchapter G. |
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(d) If, under Subsection (c), a governmental body redacts or |
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withholds information without requesting a decision from the |
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attorney general about whether the information may be redacted or |
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withheld, the requestor is entitled to seek a decision from the |
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attorney general about the matter. The attorney general by rule |
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shall establish procedures and deadlines for receiving information |
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necessary to decide the matter and briefs from the requestor, the |
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governmental body, and any other interested person. The attorney |
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general shall promptly render a decision requested under this |
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subsection, determining whether the redacted or withheld |
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information was excepted from required disclosure to the requestor, |
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not later than the 45th business day after the date the attorney |
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general received the request for a decision under this subsection. |
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The attorney general shall issue a written decision on the matter |
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and provide a copy of the decision to the requestor, the |
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governmental body, and any interested person who submitted |
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necessary information or a brief to the attorney general about the |
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matter. The requestor or the governmental body may appeal a |
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decision of the attorney general under this subsection to a Travis |
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County district court. |
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(e) A governmental body that redacts or withholds |
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information under Subsection (c) shall provide the following |
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information to the requestor on a form prescribed by the attorney |
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general: |
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(1) a description of the redacted or withheld |
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information; |
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(2) a citation to this section; and |
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(3) instructions regarding how the requestor may seek |
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a decision from the attorney general regarding whether the redacted |
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or withheld information is excepted from required disclosure. |
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SECTION 4. Subchapter C, Chapter 552, Government Code, is |
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amended by adding Section 552.151 to read as follows: |
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Sec. 552.151. EXCEPTION: PUBLIC EMPLOYEE OR OFFICER |
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PERSONAL SAFETY. Information in the custody of a governmental body |
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that relates to an employee or officer of the governmental body is |
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excepted from the requirements of Section 552.021 if, under the |
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specific circumstances pertaining to the employee or officer, |
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disclosure of the information would subject the employee or officer |
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to a substantial threat of physical harm. |
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SECTION 5. 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1068 passed the Senate on |
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May 5, 2009, by the following vote: Yeas 31, Nays 0; |
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May 29, 2009, Senate refused to concur in House amendment and |
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requested appointment of Conference Committee; May 30, 2009, House |
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granted request of the Senate; May 31, 2009, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1068 passed the House, with |
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amendment, on May 27, 2009, by the following vote: Yeas 148, |
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Nays 0, one present not voting; May 30, 2009, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 31, 2009, House adopted Conference Committee Report by the |
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following vote: Yeas 140, Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |