83(R) HB 2444 - House Committee Report version

TO:	Honorable Bill Callegari, Chair, House Committee on Pensions

FROM:	Ursula Parks, Director, Legislative Budget Board

IN RE:	HB2444 by Callegari (Relating to the confidentiality of information held by a public retirement system.), Committee Report 1st House, Substituted

The bill would amend the Government Code to identify individual records held by retirement systems as confidential and not subject to public disclosure, unless permitted by the individual. However, it also clarifies that aggregate information that could not reasonably be expected to identify an individual would be subject to disclosure. The bill would also remove the provision that allows retirement systems to have sole discretion to determine whether individual member records are confidential or subject to public disclosure, but would allow the systems to refuse to comply with a request for information listed as confidential. The Employees Retirement System, Teacher Retirement System, Fire Fighters' Pension Commissioner, and the Office of the Attorney General indicated that any costs associated with implementing the bill could be absorbed within existing resources.

The bill would take effect immediately upon receiving a two-thirds majority vote in each house. Otherwise, the bill would take effect September 1, 2013.

The Texas County and District Retirement Systems (TCDRS) reported there would be no fiscal impact to TCDRS or their member counties and districts to implement the provisions of the bill.

The Texas Municipal Retirement System (TMRS) indicated that currently, TMRS is governed by Government Code, Section 855.115, which provides that information contained in records concerning members, retirees, annuitants, or beneficiaries is confidential and may not be disclosed in a form identifiable with a specific individual, except under certain circumstances to certain authorized individuals. TMRS is also subject to Government Code, Section 552.0038, which allows TMRS sole discretion to determine whether a record is subject to the confidentiality provisions. It is uncertain how the change in statute might impact the administration of open records requests that are received by TMRS; however, the amounts are not anticipated to be significant.

The Texas Municipal League reported there could be some additional costs for requesting an Attorney General opinion when records are requested; however, the amounts are not anticipated to be significant.

The Texas Association of Counties indicated no fiscal impact to counties is anticipated.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION


April 14, 2013