87R3023 MCK-F
 
  By: Hunter H.B. No. 3535
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the availability of dates of birth under the public
  information law.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 552, Government Code, is
  amended by adding Section 552.0223 to read as follows:
         Sec. 552.0223.  DATES OF BIRTH. Notwithstanding Section
  552.101, this chapter does not authorize a governmental body to
  withhold a date of birth except as:
               (1)  permitted by the federal privacy requirements
  adopted under the Health Insurance Portability and Accountability
  Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160
  and 45 C.F.R. Part 164; or
               (2)  otherwise provided by constitutional or statutory
  law.
         SECTION 2.  The changes in law made by this Act apply only to
  a request for information that is received by a governmental body or
  an officer for public information on or after the effective date of
  this Act. A request for information that was received before the
  effective date of this Act is governed by the law in effect on the
  date the request was received, and the former law is continued in
  effect for that purpose.
         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, 2021.