| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the exception of certain personal information from |
|
|
disclosure under the public information law. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 552.024, Government Code, |
|
|
is amended to read as follows: |
|
|
Sec. 552.024. ELECTING TO DISCLOSE PERSONAL INFORMATION |
|
|
[ADDRESS AND TELEPHONE NUMBER]. |
|
|
SECTION 2. Sections 552.024(a) and (b), Government Code, |
|
|
are amended to read as follows: |
|
|
(a) Each employee or official of a governmental body and |
|
|
each former employee or official of a governmental body may [shall] |
|
|
choose [whether] to allow public access to the information in the |
|
|
custody of the governmental body that relates to the person's home |
|
|
address, home telephone number, personal cellular telephone |
|
|
number, personal e-mail address, or social security number, or that |
|
|
reveals whether the person has family members. |
|
|
(b) Each employee and official may [and each former employee
|
|
|
and official shall] state that the person chooses to allow public |
|
|
access to the information as described by [person's choice under] |
|
|
Subsection (a) to the main personnel officer of the governmental |
|
|
body in a signed writing at any time during the employee's or |
|
|
official's service with the governmental body. Each former |
|
|
employee or official shall state that person's choice under |
|
|
Subsection (a) not later than the 14th day after the date on which[:
|
|
|
[(1)
the employee begins employment with the
|
|
|
governmental body;
|
|
|
[(2) the official is elected or appointed; or
|
|
|
[(3)] the former employee or official ends service |
|
|
with the governmental body. A choice made under this subsection |
|
|
remains valid until rescinded in writing by the individual. |
|
|
SECTION 3. The heading to Section 552.117, Government Code, |
|
|
is amended to read as follows: |
|
|
Sec. 552.117. EXCEPTION: CERTAIN ADDRESSES, E-MAIL |
|
|
ADDRESSES, TELEPHONE NUMBERS, DATES OF BIRTH, SOCIAL SECURITY |
|
|
NUMBERS, AND PERSONAL FAMILY INFORMATION. |
|
|
SECTION 4. Section 552.117(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) Information is excepted from the requirements |
|
|
of Section 552.021 if it is information that relates to the home |
|
|
address, home telephone number, personal cellular telephone |
|
|
number, personal e-mail address, date of birth, or social security |
|
|
number of the following person or that reveals whether the person |
|
|
has family members: |
|
|
(1) a current or former official or employee of a |
|
|
governmental body, except as otherwise provided for certain |
|
|
information by Section 552.024; |
|
|
(2) a peace officer as defined by Article 2.12, Code |
|
|
of Criminal Procedure, or a security officer commissioned |
|
|
under Section 51.212, Education Code, regardless of whether the |
|
|
officer complies with Section 552.024 or 552.1175, as |
|
|
applicable; |
|
|
(3) a current or former employee of the Texas |
|
|
Department of Criminal Justice or of the predecessor in function of |
|
|
the department or any division of the department, regardless of |
|
|
whether the current or former employee complies with Section |
|
|
552.1175; |
|
|
(4) a peace officer as defined by Article 2.12, Code |
|
|
of Criminal Procedure, or other law, a reserve law enforcement |
|
|
officer, a commissioned deputy game warden, or a corrections |
|
|
officer in a municipal, county, or state penal institution in this |
|
|
state who was killed in the line of duty, regardless of whether the |
|
|
deceased complied with Section 552.024 or 552.1175; |
|
|
(5) a commissioned security officer as defined |
|
|
by Section 1702.002, Occupations Code, regardless of whether the |
|
|
officer complies with Section 552.024 or 552.1175, as |
|
|
applicable; or |
|
|
(6) an officer or employee of a community supervision |
|
|
and corrections department established under Chapter 76 who |
|
|
performs a duty described by Section 76.004(b), regardless of |
|
|
whether the officer or employee complies with Section 552.024 or |
|
|
552.1175. |
|
|
SECTION 5. The heading to Section 552.1175, Government |
|
|
Code, is amended to read as follows: |
|
|
Sec. 552.1175. CONFIDENTIALITY OF ADDRESSES, E-MAIL |
|
|
ADDRESSES, TELEPHONE NUMBERS, DATES OF BIRTH, SOCIAL SECURITY |
|
|
NUMBERS, AND PERSONAL FAMILY INFORMATION OF PEACE OFFICERS, COUNTY |
|
|
JAILERS, SECURITY OFFICERS, AND EMPLOYEES OF THE TEXAS DEPARTMENT |
|
|
OF CRIMINAL JUSTICE OR A PROSECUTOR'S OFFICE. |
|
|
SECTION 6. Section 552.1175(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) Information that relates to the home address, home |
|
|
telephone number, personal cellular telephone number, personal |
|
|
e-mail address, date of birth, or social security number of an |
|
|
individual to whom this section applies, or that reveals whether |
|
|
the individual has family members is confidential and may not be |
|
|
disclosed to the public under this chapter if the individual to whom |
|
|
the information relates: |
|
|
(1) chooses to restrict public access to the |
|
|
information; and |
|
|
(2) notifies the governmental body of the individual's |
|
|
choice on a form provided by the governmental body, accompanied by |
|
|
evidence of the individual's status. |
|
|
SECTION 7. Section 552.137, Government Code, is amended by |
|
|
adding Subsection (e) to read as follows: |
|
|
(e) This section does not apply to a personal e-mail address |
|
|
to which Section 552.024 or 552.1175 applies. |
|
|
SECTION 8. Subchapter C, Chapter 552, Government Code, is |
|
|
amended by adding Section 552.153 to read as follows: |
|
|
Sec. 552.153. DATE OF BIRTH. (a) The date of birth of a |
|
|
living person is excepted from the requirements of Section 552.021, |
|
|
but is not confidential under this section and this section does not |
|
|
make the date of birth of a living person confidential under another |
|
|
provision of this chapter or other law. |
|
|
(b) A governmental body may redact the date of birth of a |
|
|
living person from any information the governmental body discloses |
|
|
under Section 552.021 without the necessity of requesting a |
|
|
decision from the attorney general under Subchapter G. |
|
|
(c) Notwithstanding any other law, a county or district |
|
|
clerk may disclose in the ordinary course of business a date of |
|
|
birth that is contained in information held by the clerk's office, |
|
|
and that disclosure is not official misconduct and does not subject |
|
|
the clerk to civil or criminal liability of any kind under the law |
|
|
of this state, including any claim for damages in a lawsuit or the |
|
|
criminal penalty imposed by Section 552.352. |
|
|
(d) Unless another law requires a date of birth to be |
|
|
maintained in a government document, on written request from an |
|
|
individual or the individual's representative, the clerk shall |
|
|
redact within a reasonable amount of time the individual's date of |
|
|
birth from information maintained in the clerk's official public |
|
|
records, including electronically stored information maintained by |
|
|
or under the control of the clerk. The individual or the |
|
|
individual's representative must identify, using a form provided by |
|
|
the clerk, the specific document or documents from which the date of |
|
|
birth shall be redacted. |
|
|
SECTION 9. The changes in law made by this Act apply 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 10. This Act takes effect September 1, 2011. |