BILL ANALYSIS

 

 

Senate Research Center	S.B. 662
86R3524 BEF-D	By: Campbell
	Business & Commerce
	4/7/2019
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, Texas law provides for the confidentiality of certain personal information for many state employees. Home addresses, phone numbers, social security numbers, emergency contacts, and names of family members are not disclosed in the open records request process.

 

Due to the public nature of their service, members of the legislature and statewide elected officials may also face potential risks related to the release of certain personal information. S.B. 662 recognizes that these threats, while rare, can put the safety of elected officials and their families in jeopardy. S.B. 662 allows for the confidentiality of certain personal information related to members of the legislature and statewide elected officials.

 

As proposed, S.B. 662 amends current law relating to the availability of personal information of a statewide elected official or member of the legislature.

 

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. Reenacts Section 552.117(a), Government Code, as amended by Chapters 34 (S.B. 1576), 190 (S.B. 42), and 1006 (H.B. 1278), Acts of the 85th Legislature, Regular Session, 2017, and amends it 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)�(11) makes no changes to these subdivisions;

 

(12) and (13) makes nonsubstantive changes to these subdivisions;

 

(14) and (15) creates these subdivisions from existing Subdivision (12) and makes no further changes to these subdivisions; or

 

(16) a state officer elected statewide or a member of the legislature, regardless of whether the officer or member complies with Section 552.024 (Electing to Disclose Address and Telephone Number) or 552.1175. Makes a nonsubstantive change.

 

SECTION 2. Amends the heading to Section 552.1175, Government Code, to read as follows:

 

Sec. 552.1175. EXCEPTION: CONFIDENTIALITY OF CERTAIN PERSONAL IDENTIFYING INFORMATION OF PEACE OFFICERS AND OTHER OFFICIALS PERFORMING SENSITIVE GOVERNMENTAL FUNCTIONS

 

SECTION 3. Amends Section 552.1175(a), Government Code, as follows:

 

(a) Provides that this section only applies to:

 

(1)�(12) makes no changes to these subdivisions;

 

(13) and (14) makes nonsubstantive changes to these subdivisions; and

 

(15) state officers elected statewide and members of the legislature.

 

SECTION 4. Reeacts Section 25.025(a), Tax Code, as amended by Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B. 1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular Session, 2017, and amends it as follows:

 

(a) Provides that this section applies only to:

 

(1)�(6) makes no changes to these subdivisions;

 

(7) and (8) creates these subdivisions from existing Subdivisions (6) and (7) and makes no further changes to these subdivisions;

 

(9) and (10) creates these subdivisions from existing Subdivision (8), makes no further changes to these subdivisions, and renumbers subsequent subdivisions accordingly;

 

(11)�(20) makes no changes to these subdivisions;

 

(21) makes a nonsubstantive change to this subdivision;

 

(22) and (23) creates these subdivisions from existing Subdivision (18) and makes nonsubstantive changes to these subdivisions;

 

(24) a state officer elected statewide or a member of the legislature.

 

SECTION 5. Makes application of Sections 552.117 and 552.1175, Government Code, and Section 25.025, Tax Code, prospective.

 

SECTION 6. Provides that, to the extent of any conflict, this Act prevails over another Act of the 86th Legislature, Regular Session, 2019, relating to nonsubstantive additions to and corrections in enacted codes.

 

SECTION 7. Effective date: upon passage or September 1, 2019.