By: Duncan S.B. No. 1912

(In the Senate - Filed March 12, 2009; March 24, 2009, read first time and referred to Committee on State Affairs; April 28, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 1; April 28, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1912 By: Duncan

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. Subchapter C, Chapter 552, Government Code, is amended by adding Section 552.150 to read as follows:

Sec. 552.150. EXCEPTION: DATES OF BIRTH OF EMPLOYEES OF GOVERNMENTAL BODIES. (a) The date of birth, excluding the month and year, of a current or former official or employee of a governmental body that is collected or maintained in a governmental body's personnel, payroll, or employment records is excepted from the requirements of Section 552.021.

(b) A governmental body may redact the date of birth, excluding the month and year, of a current or former official or employee of a governmental body from any information collected or maintained in a governmental body's personnel, payroll, or employment records that the governmental body discloses under Section 552.021 without the necessity of requesting a decision from the attorney general under Subchapter G.

SECTION 2. 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.

(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 3. Section 552.150, Government Code, as added by this Act, applies only to a request for information that is received by a governmental body or an officer for public information on or after the effective date of this Act. A request for information that was received before the effective date of this Act is governed by the law in effect on the date the request was received, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2009.

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