83R2845 SGA-D

By: Capriglione H.B. No. 526

A BILL TO BE ENTITLED

AN ACT

relating to the confidentiality of information held by a public retirement system.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 552.0038(b), (h), and (i), Government Code, are amended to read as follows:

(b) Except as provided by this section [Subsections (c) through (i)], the governing body of a public retirement system is subject to this chapter in the same manner as a governmental body.

(h) [The retirement system has sole discretion in determining whether a record is subject to this section.] For purposes of this section, a record includes any identifying information about a person, living or deceased, who is or was a member, annuitant, retiree, beneficiary, alternate payee, program participant, or person eligible for benefits from the retirement system under any retirement plan or program administered by the retirement system.

(i) To the extent of a conflict between this section and any other law with respect to the confidential information held by a public retirement system [or other entity described by Subsection (c)] concerning an individual member, annuitant, retiree, beneficiary, alternate payee, program participant, or person eligible for benefits from the retirement system, this section prevails [the prevailing provision is the provision that provides the greater substantive and procedural protection for the privacy of information concerning that individual member, annuitant, retiree, beneficiary, alternate payee, program participant, or person eligible for benefits].

SECTION 2. Section 552.0038(c), Government Code, is repealed.

SECTION 3. 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, 2013.