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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of information held by a public |
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retirement system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.0038, Government Code, is amended by |
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adding Subsections (a-1) and (c-1) and amending Subsections (c), |
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(d), (f), and (i) to read as follows: |
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(a-1) For the purposes of this section, "individual record" |
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includes any information that could reasonably be expected to |
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identify an individual, including the individual's name, address, |
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telephone number, e-mail address, social security number, record of |
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membership in the public retirement system, record of contributions |
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or distributions, account balance, status of any application for |
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benefits, medical records, financial records, beneficiary |
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information, and communications with the retirement system. |
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(c) Except as provided by this section, unless written |
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authorization for release is provided to the public retirement |
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system by the individual or the individual's authorized |
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representative, the following information is confidential and is |
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not subject to public disclosure: |
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(1) an individual record, as defined by Subsection |
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(a-1), of any person, living or deceased, who is or was a member, |
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annuitant, retiree, beneficiary, alternate payee, program |
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participant, or other person eligible for benefits from a public |
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retirement system under a retirement plan or program administered |
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by the public retirement system that is in the custody of the |
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retirement system or in the custody of an administering firm, a |
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carrier, or another governmental agency, including the |
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comptroller, acting in cooperation with or on behalf of the |
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retirement system; and |
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(2) any information identifying by name, address, age, |
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date of birth, employer, dates of employment, or dates of |
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participation the amount of a monthly allowance or benefit paid to |
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the individual [Records of individual members, annuitants,
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retirees, beneficiaries, alternate payees, program participants,
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or persons eligible for benefits from a retirement system under a
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retirement plan or program administered by the retirement system
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that are in the custody of the system or in the custody of an
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administering firm, a carrier, or another governmental agency,
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including the comptroller, acting in cooperation with or on behalf
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of the retirement system are confidential and not subject to public
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disclosure]. |
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(c-1) Except as otherwise provided by this section, the |
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public [The] retirement system, administering firm, carrier, or |
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governmental agency is not required to accept or comply with a |
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request for [a record or] information determined to be confidential |
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under Subsection (c). This section should not be interpreted as |
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preventing disclosure of aggregate information that could not |
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reasonably be expected to identify an individual. An entity that |
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receives a request for the disclosure of information under this |
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section should consider the request in context with other publicly |
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available information in making the determination as to whether a |
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record could reasonably be expected to identify an individual |
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[about a record or to seek an opinion from the attorney general
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because the records are exempt from the provisions of this chapter,
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except as otherwise provided by this section]. |
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(d) A public retirement system may release individual |
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records, in accordance with the provisions of the statute or |
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ordinance establishing the system and the rules or policies of the |
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system, to the following entities: |
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(1) [Records may be released to] a member, annuitant, |
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retiree, beneficiary, alternate payee, program participant, or |
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person eligible for benefits from the retirement system; |
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(2) [or to] an authorized attorney, family member, or |
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representative acting on behalf of the member, annuitant, retiree, |
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beneficiary, alternate payee, program participant, or person |
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eligible for benefits; |
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(3) [. The retirement system may release the records
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to:
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[(1)] an administering firm, carrier, or agent or |
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attorney acting on behalf of the retirement system; |
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(4) [(2)] another governmental entity having a |
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legitimate need for the information to perform the purposes of the |
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retirement system; or |
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(5) [(3)] a party in response to a subpoena issued |
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under applicable law. |
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(f) The records of an individual member, annuitant, |
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retiree, beneficiary, alternate payee, program participant, or |
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person eligible for benefits from the retirement system remain |
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confidential after release to an individual or entity [a person] as |
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authorized by this section. The records may become part of the |
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public record of an administrative or judicial proceeding related |
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to a contested case, and the member, annuitant, retiree, |
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beneficiary, alternate payee, program participant, or person |
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eligible for benefits waives the confidentiality of the records, |
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including medical records, unless the records are closed to public |
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access by a protective order issued under applicable law. |
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(i) To the extent of a substantive or procedural conflict |
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between this section and any other law with respect to the |
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confidential information held by a public retirement system or |
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other entity described by Subsection (c) concerning an individual |
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member, annuitant, retiree, beneficiary, alternate payee, program |
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participant, or person eligible for benefits from the retirement |
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system: |
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(1) [,] the substantive [prevailing] provision [is the
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provision] that provides the greater [substantive and procedural] |
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protection for the privacy of information concerning that |
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individual member, annuitant, retiree, beneficiary, alternate |
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payee, program participant, or person eligible for benefits |
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prevails; and |
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(2) the procedural provision of this chapter prevails. |
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SECTION 2. Section 552.0038(h), Government Code, is |
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repealed. |
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SECTION 3. Section 552.0038, Government Code, as amended by |
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this Act, applies only to a request for information received by a |
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public retirement system or other entity described by Subsection |
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(c) of that section that is received on or after the effective date |
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of this Act. A request for information that is received before the |
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effective date of this Act is governed by the law in effect on the |
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date the request is received, and that law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |