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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 81st |
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Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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Senate Bill No. 1182 (public information and open government) to |
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consider and take action on the following matter: |
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Senate Rules 12.03(3) and (4) are suspended to permit the |
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committee to add SECTIONS 5 and 15 to the bill: |
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SECTION 5. Subchapter C, Chapter 552, Government Code, |
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is amended by adding Section 552.151 to read as follows: |
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Sec. 552.151. EXCEPTION: INFORMATION REGARDING SELECT |
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AGENTS. (a) The following information that pertains to a |
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biological agent or toxin identified or listed as a select agent |
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under federal law, including under the Public Health Security and |
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Bioterrorism Preparedness and Response Act of 2002 (Pub. L. No. |
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107-188) and regulations adopted under that Act, is excepted from |
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the requirements of Section 552.021: |
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(1) the specific location of a select agent within |
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an approved facility; |
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(2) personal identifying information of an |
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individual whose name appears in documentation relating to the |
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chain of custody of select agents, including a materials transfer |
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agreement; and |
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(3) the identity of an individual authorized to |
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possess, use, or access a select agent. |
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(b) This section does not except from disclosure the |
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identity of the select agents present at a facility. |
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(c) This section does not except from disclosure the |
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identity of an individual faculty member or employee whose name |
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appears or will appear on published research. |
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(d) This section does not except from disclosure |
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otherwise public information relating to contracts of a |
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governmental body. |
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(e) If a resident of another state is present in Texas and |
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is authorized to possess, use, or access a select agent in |
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conducting research or other work at a Texas facility, |
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information relating to the identity of that individual is |
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subject to disclosure under this chapter only to the extent the |
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information would be subject to disclosure under the laws of the |
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state of which the person is a resident. |
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SECTION 15. Section 552.151, Government Code, as added |
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by this Act, applies in relation to: |
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(1) a request for public information under Chapter |
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552, Government Code, made before, on, or after the effective |
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date of this Act; and |
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(2) information that on the effective date of this |
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Act has not yet been disclosed that: |
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(A) was the subject of a request for |
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information made before the effective date of this Act; and |
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(B) the attorney general determined before the |
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effective date of this Act to be subject to disclosure under |
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Chapter 552, Government Code. |
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Explanation: This addition is necessary to amend the |
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Texas public information law to track federal law by making |
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information pertaining to certain biological agents and toxins |
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confidential. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 31, 2009. |
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_______________________________ |
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Secretary of the Senate |