By: Huffman  S.B. No. 2556
         (In the Senate - Filed April 23, 2009; April 23, 2009, read
  first time and referred to Committee on Health and Human Services;
  May 1, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; May 1, 2009, sent
  to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2556 By:  Huffman
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the confidentiality of information pertaining to
  certain biological agents and toxins.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 552, Government Code, is
  amended by adding Section 552.151 to read as follows:
         Sec. 552.151.  EXCEPTION:  INFORMATION REGARDING SELECT
  AGENTS.  Information that pertains to a biological agent or toxin
  identified or listed as a select agent under federal law, including
  under the Public Health Security and Bioterrorism Preparedness and
  Response Act of 2002 (Pub. L. No. 107-188) and regulations adopted
  under that Act, is confidential and excepted from the requirements
  of Section 552.021, including information pertaining to:
               (1)  the location of a select agent;
               (2)  security and safeguard protections;
               (3)  site-specific or transfer-specific documentation;
  or
               (4)  the identity of an individual authorized to
  possess, use, or access a select agent.
         SECTION 2.  Section 552.151, Government Code, as added by
  this Act, applies in relation to:
               (1)  a request for public information under Chapter
  552, Government Code, made before, on, or after the effective date
  of this Act; and
               (2)  information that on the effective date of this Act
  has not yet been disclosed that:
                     (A)  was the subject of a request for information
  made before the effective date of this Act; and
                     (B)  the attorney general determined before the
  effective date of this Act to be subject to disclosure under Chapter
  552, Government Code.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
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