|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the disclosure of personally identifiable information |
|
under the public information law. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 552, Government Code, is amended by |
|
adding Subchapter J to read as follows: |
|
SUBCHAPTER J. PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY |
|
STATE GOVERNMENTAL BODIES |
|
Sec. 552.371. DEFINITIONS. In this subchapter: |
|
(1) "Personally identifiable information" includes |
|
any information about an individual collected by a state |
|
governmental body that may be used to distinguish or track the |
|
individual's identity or that may be linked to the individual, such |
|
as the individual's: |
|
(A) name; |
|
(B) social security number; |
|
(C) date of birth; |
|
(D) location of birth; |
|
(E) mother's maiden name; |
|
(F) biometric records; |
|
(G) medical information; |
|
(H) educational information; |
|
(I) financial information; and |
|
(J) employment information. |
|
(2) "State governmental body" means a governmental |
|
body that is part of state government. |
|
Sec. 552.372. STUDY OF PERSONALLY IDENTIFIABLE INFORMATION |
|
COLLECTED BY STATE GOVERNMENTAL BODIES. (a) The comptroller shall |
|
perform an analysis of the amount and types of personally |
|
identifiable information collected by each state governmental |
|
body. The analysis must include a study of the disclosure and sale |
|
of personally identifiable information under Chapters 521, 522, and |
|
730, Transportation Code, by the state agencies to which those |
|
chapters apply. |
|
(b) A state governmental body, by providing public |
|
information that is confidential or otherwise excepted from |
|
required disclosure under law to the comptroller to perform the |
|
analysis required by this section, does not waive or affect the |
|
confidentiality of the information for purposes of state or federal |
|
law or waive the right to assert exceptions to required disclosure |
|
of the information in the future. |
|
(c) Except as provided by Section 552.374, the comptroller |
|
and a task force established under this subchapter may not disclose |
|
to a requestor or the public any information submitted to the |
|
comptroller under this section. |
|
Sec. 552.373. TASK FORCE. (a) The comptroller may |
|
establish a task force to assist and advise the comptroller in |
|
performing the analysis required by Section 552.372. |
|
(b) The comptroller may adopt a plan of operation for the |
|
task force. The plan must include qualifications for the members of |
|
the task force. |
|
(c) The comptroller may appoint as many members to the task |
|
force as the comptroller determines are necessary. In making |
|
appointments to the task force the comptroller may consider any |
|
appropriate factor, including a person's expertise. A task force |
|
must include: |
|
(1) a member from the judiciary; |
|
(2) a member from the Department of Information |
|
Resources; |
|
(3) a member from the Department of Public Safety of |
|
the State of Texas; |
|
(4) a member from the Health and Human Services |
|
Commission; |
|
(5) a member employed by an institution of higher |
|
education; |
|
(6) a member employed by a financial institution; and |
|
(7) a member employed by an information services |
|
company. |
|
(d) Two or more members of the task force may not be |
|
employees or officers of the same company or organization. |
|
(e) A person may not be a public member of the task force if |
|
the person is: |
|
(1) required to register as a lobbyist under Chapter |
|
305; or |
|
(2) related to a person required to register as a |
|
lobbyist under Chapter 305 within the second degree of affinity or |
|
consanguinity. |
|
(f) Members of the task force may not receive compensation |
|
from the state for service on the task force. |
|
Sec. 552.374. REPORT TO LEGISLATURE. (a) Not later than |
|
December 1, 2010, the comptroller shall file a report with the |
|
presiding officer of each house of the legislature that identifies |
|
the personally identifiable information collected by each state |
|
governmental body. |
|
(b) The report must contain the comptroller's |
|
recommendations for legislation regarding personally identifiable |
|
information collected by a state governmental body, including |
|
recommendations on: |
|
(1) whether each state governmental body should |
|
continue to collect or maintain personally identifiable |
|
information; |
|
(2) whether to amend the public information law to |
|
further limit the types of personally identifiable information that |
|
may be withheld from disclosure; and |
|
(3) the effect of the recommendations made under this |
|
section. |
|
Sec. 552.375. EXPIRATION. This subchapter expires |
|
September 1, 2011. |
|
SECTION 2. This Act takes effect September 1, 2009. |