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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of personally identifiable information |
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under the public information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 552, Government Code, is |
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amended by adding Section 552.150 to read as follows: |
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Sec. 552.150. EXCEPTION: DATES OF BIRTH OF EMPLOYEES OF |
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GOVERNMENTAL BODIES. (a) The date of birth, excluding the month |
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and year, of a current or former official or employee of a |
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governmental body that is collected or maintained in a governmental |
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body's personnel, payroll, or employment records is excepted from |
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the requirements of Section 552.021. |
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(b) A governmental body may redact the date of birth, |
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excluding the month and year, of a current or former official or |
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employee of a governmental body from any information collected or |
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maintained in a governmental body's personnel, payroll, or |
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employment records that the governmental body discloses under |
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Section 552.021 without the necessity of requesting a decision from |
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the attorney general under Subchapter G. |
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SECTION 2. Chapter 552, Government Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY |
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STATE GOVERNMENTAL BODIES |
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Sec. 552.371. DEFINITIONS. In this subchapter: |
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(1) "Personally identifiable information" includes |
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any information about an individual collected by a state |
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governmental body that may be used to distinguish or track the |
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individual's identity or that may be linked to the individual, such |
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as the individual's: |
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(A) name; |
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(B) social security number; |
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(C) date of birth; |
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(D) location of birth; |
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(E) mother's maiden name; |
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(F) biometric records; |
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(G) medical information; |
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(H) educational information; |
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(I) financial information; and |
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(J) employment information. |
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(2) "State governmental body" means a governmental |
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body that is part of state government. |
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Sec. 552.372. STUDY OF PERSONALLY IDENTIFIABLE INFORMATION |
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COLLECTED BY STATE GOVERNMENTAL BODIES. (a) The comptroller shall |
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perform an analysis of the amount and types of personally |
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identifiable information collected by each state governmental |
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body. |
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(b) A state governmental body, by providing public |
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information that is confidential or otherwise excepted from |
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required disclosure under law to the comptroller to perform the |
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analysis required by this section, does not waive or affect the |
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confidentiality of the information for purposes of state or federal |
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law or waive the right to assert exceptions to required disclosure |
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of the information in the future. |
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(c) Except as provided by Section 552.374, the comptroller |
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and a task force established under this subchapter may not disclose |
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to a requestor or the public any information submitted to the |
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comptroller under this section. |
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Sec. 552.373. TASK FORCE. (a) The comptroller may |
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establish a task force to assist and advise the comptroller in |
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performing the analysis required by Section 552.372. |
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(b) The comptroller may adopt a plan of operation for the |
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task force. The plan must include qualifications for the members of |
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the task force. |
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(c) The comptroller may appoint as many members to the task |
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force as the comptroller determines are necessary. In making |
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appointments to the task force the comptroller may consider any |
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appropriate factor, including a person's expertise. A task force |
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must include: |
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(1) a member from the judiciary; |
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(2) a member from the Department of Information |
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Resources; |
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(3) a member from the Department of Public Safety of |
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the State of Texas; |
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(4) a member from the Health and Human Services |
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Commission; |
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(5) a member employed by an institution of higher |
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education; |
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(6) a member employed by a financial institution; and |
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(7) a member employed by an information services |
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company. |
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(d) Two or more members of the task force may not be |
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employees or officers of the same company or organization. |
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(e) A person may not be a public member of the task force if |
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the person is: |
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(1) required to register as a lobbyist under Chapter |
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305; or |
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(2) related to a person required to register as a |
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lobbyist under Chapter 305 within the second degree of affinity or |
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consanguinity. |
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(f) Members of the task force may not receive compensation |
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from the state for service on the task force. |
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Sec. 552.374. REPORT TO LEGISLATURE. (a) Not later than |
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December 1, 2010, the comptroller shall file a report with the |
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presiding officer of each house of the legislature that identifies |
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the personally identifiable information collected by each state |
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governmental body. |
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(b) The report must contain the comptroller's |
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recommendations for legislation regarding personally identifiable |
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information collected by a state governmental body, including |
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recommendations on: |
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(1) whether each state governmental body should |
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continue to collect or maintain personally identifiable |
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information; |
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(2) whether to amend the public information law to |
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further limit the types of personally identifiable information that |
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may be withheld from disclosure; and |
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(3) the effect of the recommendations made under this |
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section. |
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Sec. 552.375. EXPIRATION. This subchapter expires |
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September 1, 2011. |
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SECTION 3. Section 552.150, Government Code, as added by |
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this Act, applies only to a request for information that is received |
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by a governmental body or an officer for public information on or |
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after the effective date of this Act. A request for information |
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that was received before the effective date of this Act is governed |
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by the law in effect on the date the request was received, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |
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