Bill Text: TX HB367 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the disclosure by a member of the legislature or the lieutenant governor of certain information concerning a resident of this state to a governmental body.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [HB367 Detail]
Download: Texas-2013-HB367-Enrolled.html
H.B. No. 367 |
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relating to the disclosure by a member of the legislature or the | ||
lieutenant governor of certain information concerning a resident of | ||
this state to a governmental body. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 306.003, Government Code, is amended by | ||
adding Subsections (c) and (d) to read as follows: | ||
(c) If a member of the legislature or the lieutenant | ||
governor discloses to the Department of Family and Protective | ||
Services or a governmental unit that is a "covered entity" under | ||
Section 181.001(b), Health and Safety Code, all or part of a record | ||
to which Subsection (a) applies or communicates to the department | ||
or governmental unit a description of the information contained in | ||
the record that identifies or would tend to identify the resident of | ||
this state who communicated with the member or lieutenant governor, | ||
the record or the described information, as applicable, in the | ||
possession of the department or governmental unit is subject to and | ||
confidential under Subsection (a) and may be disclosed to any other | ||
person only to the extent that the member of the legislature or | ||
lieutenant governor elects to disclose the record or the described | ||
information. | ||
(d) If the department or governmental unit that is a | ||
"covered entity" under Section 181.001(b), Health and Safety Code, | ||
receives a request for public information under Chapter 552, and | ||
information subject to the request is information described by | ||
Subsection (c), the department or governmental unit shall promptly | ||
notify, in writing or by electronic means, the member of the | ||
legislature or the lieutenant governor, as applicable, that the | ||
department or governmental entity received the request. The | ||
notification must specify the type of information that is requested | ||
and include a copy of the request. | ||
SECTION 2. Section 306.004, Government Code, is amended by | ||
adding Subsections (d) and (e) to read as follows: | ||
(d) If a member of the legislature or the lieutenant | ||
governor discloses to the Department of Family and Protective | ||
Services or a governmental unit that is a "covered entity" under | ||
Section 181.001(b), Health and Safety Code, a communication to | ||
which this section applies or communicates to the department or | ||
governmental unit a description of the information contained in the | ||
communication that identifies or would tend to identify the citizen | ||
of this state who communicated with the member or lieutenant | ||
governor, the communication or the described information, as | ||
applicable, in the possession of the department or governmental | ||
unit is subject to and confidential under this section and may be | ||
disclosed to another person only to the extent that the member of | ||
the legislature or lieutenant governor elects to disclose the | ||
communication or the described information. | ||
(e) If the department or governmental unit that is a | ||
"covered entity" under Section 181.001(b), Health and Safety Code, | ||
receives a request for public information under Chapter 552, and | ||
information subject to the request is information described by | ||
Subsection (d), the department or governmental unit shall promptly | ||
notify, in writing or by electronic means, the member of the | ||
legislature or the lieutenant governor, as applicable, that the | ||
department or governmental entity received the request. The | ||
notification must specify the type of information that is requested | ||
and include a copy of the request. | ||
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, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 367 was passed by the House on May 2, | ||
2013, by the following vote: Yeas 144, Nays 3, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 367 on May 22, 2013, by the following vote: Yeas 146, Nays 1, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 367 was passed by the Senate, with | ||
amendments, on May 17, 2013, by the following vote: Yeas 29, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |