By: Davis  S.B. No. 1638
         (In the Senate - Filed March 11, 2011; March 23, 2011, read
  first time and referred to Select Committee on Open Government;
  April 11, 2011, reported favorably by the following vote:  Yeas 3,
  Nays 0; April 11, 2011, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the exception of certain personal information from
  required disclosure under the public information law.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 552.024, Government
  Code, is amended to read as follows:
         (a)  Each employee or official of a governmental body and
  each former employee or official of a governmental body 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, emergency contact information, or
  social security number, or that reveals whether the person has
  family members.
         SECTION 2.  Subsection (a), Section 552.117, 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, emergency contact information, 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 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 3.  Subsection (b), Section 552.1175, Government
  Code, is amended to read as follows:
         (b)  Information that relates to the home address, home
  telephone number, emergency contact information, 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 4.  Subsection (a), Section 552.130, Government
  Code, is amended to read as follows:
         (a)  Information is excepted from the requirements of
  Section 552.021 if the information relates to:
               (1)  a motor vehicle operator's or driver's license or
  permit issued by an agency of this state or another state or
  country;
               (2)  a motor vehicle title or registration issued by an
  agency of this state or another state or country; or
               (3)  a personal identification document issued by an
  agency of this state or another state or country or a local agency
  authorized to issue an identification document.
         SECTION 5.  Subsection (b), Section 552.139, Government
  Code, is amended to read as follows:
         (b)  The following information is confidential:
               (1)  a computer network vulnerability report; [and]
               (2)  any other assessment of the extent to which data
  processing operations, a computer, a computer program, network,
  system, or system interface, or software of a governmental body or
  of a contractor of a governmental body is vulnerable to
  unauthorized access or harm, including an assessment of the extent
  to which the governmental body's or contractor's electronically
  stored information containing sensitive or critical information is
  vulnerable to alteration, damage, erasure, or inappropriate use;
  and
               (3)  a photocopy or other copy of an identification
  badge issued to an official or employee of a governmental body.
         SECTION 6.  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, 2011.
 
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