AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, personal information related to service members who are on state active duty or who are deployed is not protected from public disclosure.  It has been reported that military personnel and their families are being targeted for attack and that this information loophole could assist individuals engaged in such acts. S.B. 661 seeks to provide security for service members and their families while the service member is serving on state active duty by stating that information regarding the individual's orders and deployment remain confidential.  

 

Additionally, the bill excepts from disclosure the home address, home telephone number, emergency contact information, or social security number of the military member and whether that person has family members. 

 

As proposed, S.B. 661 amends current law relating to the confidentiality of certain information concerning service members of the state military forces.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter E, Chapter 437, Government Code, by adding Section 437.232, as follows:

 

Sec. 437.232.  CONFIDENTIALITY OF CERTAIN INFORMATION. (a) Provides that information that relates to the military service of a service member ordered to state active duty, including the service member's orders and the location of the service member's deployment, is confidential and not subject to Chapter 552 (Public Information) during the period the service member remains ordered to state active duty.

 

(b) Provides that information pertaining to the service member's state active duty is public information and is not excepted from required disclosure under Chapter 552, subject to state and federal laws governing disclosure of military information, after a service member is relieved from duty.

 

SECTION 2. Amends Section 552.117(a), Government Code, as follows:

 

(a) Provides that information is excepted from the requirements of Section 552.021(Availability of Public Information) 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)-(8) Makes no change to these subdivisions;

 

(9) and (10) Makes nonsubstantive changes; or

 

(11) a current or former member of the Texas military forces, as that term is defined by Section 437.001 (Definitions).

 

SECTION 3. Makes application of this Act prospective.

 

SECTION 4. Effective date: September 1, 2015.