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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. Sections 552.0038(b), (h), and (i), Government |
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Code, are amended to read as follows: |
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(b) Except as provided by this section [Subsections (c)
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through (i)], the governing body of a public retirement system is |
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subject to this chapter in the same manner as a governmental body. |
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(h) [The retirement system has sole discretion in
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determining whether a record is subject to this section.] For |
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purposes of this section, a record includes any identifying |
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information about a person, living or deceased, who is or was a |
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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 under any retirement plan or program administered by the |
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retirement system. |
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(i) To the extent of a conflict between this section and any |
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other law with respect to the confidential information held by a |
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public retirement system [or other entity described by Subsection
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(c)] concerning an individual member, annuitant, retiree, |
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beneficiary, alternate payee, program participant, or person |
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eligible for benefits from the retirement system, this section |
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prevails [the prevailing provision is the provision that provides
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the greater substantive and procedural protection for the privacy
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of information concerning that individual member, annuitant,
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retiree, beneficiary, alternate payee, program participant, or
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person eligible for benefits]. |
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SECTION 2. Section 552.0038(c), Government Code, is |
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repealed. |
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SECTION 3. 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 September 1, 2013. |