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R E S O L U T I O N
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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 Senate |
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Bill 1182 (public information and open government) to consider and |
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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, is |
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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 an |
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approved facility; |
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(2) personal identifying information of an individual |
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whose name appears in documentation relating to the chain of |
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custody of select agents, including a materials transfer agreement; |
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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 otherwise |
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public information relating to contracts of a governmental body. |
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(e) If a resident of another state is present in Texas and is |
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authorized to possess, use, or access a select agent in conducting |
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research or other work at a Texas facility, information relating to |
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the identity of that individual is subject to disclosure under this |
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chapter only to the extent the information would be subject to |
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disclosure under the laws of the state of which the person is a |
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resident. |
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SECTION 15. Section 552.151, Government Code, as added by |
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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 date |
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of this Act; and |
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(2) information that on the effective date of this Act |
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has not yet been disclosed that: |
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(A) was the subject of a request for information |
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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 Chapter |
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552, Government Code. |
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Explanation: This addition is necessary to amend the Texas |
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public information law to track federal law by making information |
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pertaining to certain biological agents and toxins confidential. |