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A BILL TO BE ENTITLED
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AN ACT
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relating to categories of information presumed to be public under |
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the public information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.022, Government Code, is amended to |
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read as follows: |
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Sec. 552.022. CATEGORIES OF PUBLIC INFORMATION; EXAMPLES. |
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(a) Without limiting the amount or kind of information that is |
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public information under this chapter, the following categories of |
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information are public information and not excepted from required |
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disclosure unless made confidential under this chapter or [unless
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they arc expressly confidential under] other law: |
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(1) a completed report, audit, evaluation, or |
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investigation made of, for, or by a governmental body, except as |
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provided by Section 552.108; |
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(2) the name, sex, ethnicity, salary, title, and dates |
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of employment of each employee and officer of a governmental body; |
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(3) information in an account, voucher, or contract |
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relating to the receipt or expenditure of public or other funds by a |
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governmental body; |
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(4) the name of each official and the final record of |
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voting on all proceedings in a governmental body; |
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(5) all working papers, research material, and |
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information used to estimate the need for or expenditure of public |
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funds or taxes by a governmental body, on completion of the |
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estimate; |
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(6) the name, place of business, and the name of the |
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municipality to which local sales and use taxes are credited, if |
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any, for the named person, of a person reporting or paying sales and |
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use taxes under Chapter 151, Tax Code; |
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(7) a description of an agency's central and field |
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organizations, including: |
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(A) the established places at which the public |
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may obtain information, submit information or requests, or obtain |
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decisions; |
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(B) the employees from whom the public may obtain |
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information, submit information or requests, or obtain decisions; |
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(C) in the case of a uniformed service, the |
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members from whom the public may obtain information, submit |
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information or requests, or obtain decisions; and |
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(D) the methods by which the public may obtain |
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information, submit information or requests, or obtain decisions; |
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(8) a statement of the general course and method by |
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which an agency's functions are channeled and determined, including |
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the nature and requirements of all formal and informal policies and |
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procedures; |
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(9) a rule of procedure, a description of forms |
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available or the places at which forms may be obtained, and |
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instructions relating to the scope and content of all papers, |
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reports, or examinations; |
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(10) a substantive rule of general applicability |
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adopted or issued by an agency as authorized by law, and a statement |
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of general policy or interpretation of general applicability |
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formulated and adopted by an agency; |
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(11) each amendment, revision, or repeal of |
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information described by Subdivisions (7)-(10); |
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(12) final opinions, including concurring and |
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dissenting opinions, and orders issued in the adjudication of |
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cases; |
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(13) a policy statement or interpretation that has |
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been adopted or issued by an agency; |
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(14) administrative staff manuals and instructions to |
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staff that affect a member of the public; |
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(15) information regarded as open to the public under |
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an agency's policies; |
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(16) information that is in a bill for attorney's fees |
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and that is not privileged under the attorney-client privilege; |
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(17) information that is also contained in a public |
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court record; and |
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(18) a settlement agreement to which a governmental |
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body is a party. |
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(b) A court in this state may not order a governmental body |
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or an officer for public information to withhold from public |
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inspection any category of public information described by |
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Subsection (a) or to not produce the category of public information |
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for inspection or duplication, unless the category of information |
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is [expressly made] confidential under this chapter or other law. |
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SECTION 2. The heading to Section 552.102, Government Code, |
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is amended to read as follows: |
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Sec. 552.102. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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PERSONNEL INFORMATION. |
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SECTION 3. The heading to Section 552.109, Government Code, |
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is amended to read as follows: |
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Sec. 552.109. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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PRIVATE COMMUNICATIONS OF AN ELECTED OFFICE HOLDER. |
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SECTION 4. The heading to Section 552.110, Government Code, |
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is amended to read as follows: |
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Sec. 552.110. EXCEPTION: CONFIDENTIALITY OF TRADE SECRETS; |
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CONFIDENTIALITY OF CERTAIN COMMERCIAL OR FINANCIAL INFORMATION. |
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SECTION 5. The heading to Section 552.113, Government Code, |
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is amended to read as follows: |
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Sec. 552.113. EXCEPTION: CONFIDENTIALITY OF GEOLOGICAL OR |
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GEOPHYSICAL INFORMATION. |
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SECTION 6. The heading to Section 552.114, Government Code, |
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is amended to read as follows: |
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Sec. 552.114. EXCEPTION: CONFIDENTIALITY OF STUDENT |
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RECORDS. |
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SECTION 7. The heading to Section 552.115, Government Code, |
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is amended to read as follows: |
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Sec. 552.115. EXCEPTION: CONFIDENTIALITY OF BIRTH AND DEATH |
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RECORDS. |
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SECTION 8. The heading to Section 552.117, Government Code, |
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is amended to read as follows: |
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Sec. 552.117. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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ADDRESSES, TELEPHONE NUMBERS, SOCIAL SECURITY NUMBERS, AND |
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PERSONAL FAMILY INFORMATION. |
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SECTION 9. The heading to Section 552.118, Government Code, |
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is amended to read as follows: |
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Sec. 552.118. EXCEPTION: CONFIDENTIALITY OF OFFICIAL |
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PRESCRIPTION FORM. |
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SECTION 10. The heading to Section 552.119, Government |
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Code, is amended to read as follows: |
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Sec. 552.119. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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PHOTOGRAPHS [PHOTOGRAPH] OF PEACE OFFICERS [OFFICER]. |
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SECTION 11. The heading to Section 552.120, Government |
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Code, is amended to read as follows: |
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Sec. 552.120. EXCEPTION: CONFIDENTIALITY OF CERTAIN RARE |
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BOOKS AND ORIGINAL MANUSCRIPTS. |
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SECTION 12. The heading to Section 552.121, Government |
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Code, is amended to read as follows: |
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Sec. 552.121. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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DOCUMENTS HELD FOR HISTORICAL RESEARCH. |
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SECTION 13. The heading to Section 552.123, Government |
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Code, is amended to read as follows: |
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Sec. 552.123. EXCEPTION: CONFIDENTIALITY OF NAME OF |
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APPLICANT FOR CHIEF EXECUTIVE OFFICER OF INSTITUTION OF HIGHER |
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EDUCATION. |
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SECTION 14. The heading to Section 552.1235, Government |
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Code, is amended to read as follows: |
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Sec. 552.1235. EXCEPTION: CONFIDENTIALITY OF IDENTITY OF |
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PRIVATE DONOR TO INSTITUTION OF HIGHER EDUCATION. |
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SECTION 15. The heading to Section 552.124, Government |
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Code, is amended to read as follows: |
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Sec. 552.124. EXCEPTION: CONFIDENTIALITY OF RECORDS OF |
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LIBRARY OR LIBRARY SYSTEM. |
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SECTION 16. The heading to Section 552.126, Government |
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Code, is amended to read as follows: |
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Sec. 552.126. EXCEPTION: CONFIDENTIALITY OF NAME OF |
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APPLICANT FOR SUPERINTENDENT OF PUBLIC SCHOOL DISTRICT. |
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SECTION 17. The heading to Section 552.127, Government |
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Code, is amended to read as follows: |
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Sec. 552.127. EXCEPTION: CONFIDENTIALITY OF PERSONAL |
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INFORMATION RELATING TO PARTICIPANTS IN NEIGHBORHOOD CRIME WATCH |
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ORGANIZATION. |
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SECTION 18. The heading to Section 552.128, Government |
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Code, is amended to read as follows: |
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Sec. 552.128. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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INFORMATION SUBMITTED BY POTENTIAL VENDOR OR CONTRACTOR. |
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SECTION 19. The heading to Section 552.129, Government |
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Code, is amended to read as follows: |
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Sec. 552.129. CONFIDENTIALITY OF CERTAIN MOTOR VEHICLE |
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INSPECTION INFORMATION. |
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SECTION 20. The heading to Section 552.130, Government |
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Code, is amended to read as follows: |
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Sec. 552.130. EXCEPTION: CONFIDENTIALITY OF CERTAIN MOTOR |
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VEHICLE RECORDS. |
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SECTION 21. The heading to Section 552.131, Government |
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Code, is amended to read as follows: |
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Sec. 552.131. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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ECONOMIC DEVELOPMENT INFORMATION. |
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SECTION 22. The heading to Section 552.133, Government |
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Code, is amended to read as follows: |
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Sec. 552.133. EXCEPTION: CONFIDENTIALITY OF PUBLIC POWER |
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UTILITY COMPETITIVE MATTERS. |
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SECTION 23. The heading to Section 552.134, Government |
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Code, is amended to read as follows: |
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Sec. 552.134. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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INFORMATION RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE. |
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SECTION 24. The heading to Section 552.135, Government |
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Code, is amended to read as follows: |
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Sec. 552.135. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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INFORMATION HELD BY SCHOOL DISTRICT. |
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SECTION 25. The heading to Section 552.138, Government |
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Code, is amended to read as follows: |
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Sec. 552.138. EXCEPTION: CONFIDENTIALITY OF FAMILY |
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VIOLENCE SHELTER CENTER AND SEXUAL ASSAULT PROGRAM INFORMATION. |
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SECTION 26. The heading to Section 552.139, Government |
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Code, is amended to read as follows: |
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Sec. 552.139. EXCEPTION: CONFIDENTIALITY OF GOVERNMENT |
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INFORMATION RELATED TO SECURITY OR INFRASTRUCTURE ISSUES FOR |
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COMPUTERS. |
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SECTION 27. The heading to Section 552.140, Government |
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Code, is amended to read as follows: |
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Sec. 552.140. EXCEPTION: CONFIDENTIALITY OF MILITARY |
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DISCHARGE RECORDS. |
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SECTION 28. The heading to Section 552.142, Government |
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Code, is amended to read as follows: |
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Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS OF |
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CERTAIN DEFERRED ADJUDICATIONS AND CERTAIN MISDEMEANORS PUNISHABLE |
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BY FINE ONLY. |
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SECTION 29. The heading to Section 552.145, Government |
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Code, is amended to read as follows: |
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Sec. 552.145. EXCEPTION: CONFIDENTIALITY OF TEXAS NO-CALL |
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LIST. |
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SECTION 30. The heading to Section 552.148, Government |
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Code, is amended to read as follows: |
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Sec. 552.148. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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PERSONAL INFORMATION MAINTAINED BY MUNICIPALITY PERTAINING TO A |
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MINOR. |
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SECTION 31. The heading to Section 552.149, Government |
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Code, is amended to read as follows: |
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Sec. 552.149. EXCEPTION: CONFIDENTIALITY OF RECORDS OF |
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COMPTROLLER OR APPRAISAL DISTRICT RECEIVED FROM PRIVATE ENTITY. |
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SECTION 32. The heading to Section 552.150, Government |
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Code, is amended to read as follows: |
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Sec. 552.150. EXCEPTION: CONFIDENTIALITY OF INFORMATION |
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THAT COULD COMPROMISE SAFETY OF OFFICER OR EMPLOYEE OF HOSPITAL |
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DISTRICT. |
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SECTION 33. The heading to Section 552.151, Government |
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Code, as added by Chapter 1377 (S.B. 1182), Acts of the 81st |
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Legislature, Regular Session, 2009, is amended to read as follows: |
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Sec. 552.151. EXCEPTION: CONFIDENTIALITY OF INFORMATION |
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REGARDING SELECT AGENTS. |
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SECTION 34. The heading to Section 552.151, Government |
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Code, as added by Chapter 283 (S.B. 1068), Acts of the 81st |
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Legislature, Regular Session, 2009, is amended to read as follows: |
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Sec. 552.151. EXCEPTION: CONFIDENTIALITY OF INFORMATION |
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CONCERNING PUBLIC EMPLOYEE OR OFFICER PERSONAL SAFETY. |
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SECTION 35. The change in law made by this Act to Section |
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552.022, Government Code, applies only to a request for information |
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that is received by a governmental body or an officer for public |
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information on or after the effective date of this Act. A request |
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for information that was received before the effective date of this |
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Act is governed by the law in effect on the date the request was |
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received, and the former law is continued in effect for that |
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purpose. |
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SECTION 36. This Act takes effect September 1, 2011. |