S.B. No. 944
 
 
 
 
AN ACT
  relating to the public information law.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 552.002, Government Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  "Protected health information" as defined by Section
  181.006, Health and Safety Code, is not public information and is
  not subject to disclosure under this chapter.
         SECTION 2.  Section 552.003, Government Code, is amended by
  adding Subdivision (7) to read as follows:
               (7)  "Temporary custodian" means an officer or employee
  of a governmental body who, in the transaction of official
  business, creates or receives public information that the officer
  or employee has not provided to the officer for public information
  of the governmental body or the officer's agent. The term includes
  a former officer or employee of a governmental body who created or
  received public information in the officer's or employee's official
  capacity that has not been provided to the officer for public
  information of the governmental body or the officer's agent.
         SECTION 3.  Section 552.004, Government Code, is amended to
  read as follows:
         Sec. 552.004.  PRESERVATION OF INFORMATION. (a)  A
  governmental body or, for information of an elective county office,
  the elected county officer, may determine a time for which
  information that is not currently in use will be preserved, subject
  to Subsection (b) and to any applicable rule or law governing the
  destruction and other disposition of state and local government
  records or public information.
         (b)  A current or former officer or employee of a
  governmental body who maintains public information on a privately
  owned device shall:
               (1)  forward or transfer the public information to the
  governmental body or a governmental body server to be preserved as
  provided by Subsection (a); or
               (2)  preserve the public information in its original
  form in a backup or archive and on the privately owned device for
  the time described under Subsection (a).
         (c)  The provisions of Chapter 441 of this code and Title 6,
  Local Government Code, governing the preservation, destruction, or
  other disposition of records or public information apply to records
  and public information held by a temporary custodian.
         SECTION 4.  Subchapter C, Chapter 552, Government Code, is
  amended by adding Section 552.159 to read as follows:
         Sec. 552.159.  EXCEPTION:  CONFIDENTIALITY OF CERTAIN
  INFORMATION PROVIDED BY OUT-OF-STATE HEALTH CARE PROVIDER.
  Information obtained by a governmental body that was provided by an
  out-of-state health care provider in connection with a quality
  management, peer review, or best practices program that the
  out-of-state health care provider pays for is confidential and
  excepted from the requirements of Section 552.021.
         SECTION 5.  Section 552.203, Government Code, is amended to
  read as follows:
         Sec. 552.203.  GENERAL DUTIES OF OFFICER FOR PUBLIC
  INFORMATION. Each officer for public information, subject to
  penalties provided in this chapter, shall:
               (1)  make public information available for public
  inspection and copying;
               (2)  carefully protect public information from
  deterioration, alteration, mutilation, loss, or unlawful removal;
  [and]
               (3)  repair, renovate, or rebind public information as
  necessary to maintain it properly; and
               (4)  make reasonable efforts to obtain public
  information from a temporary custodian if:
                     (A)  the information has been requested from the
  governmental body;
                     (B)  the officer for public information is aware
  of facts sufficient to warrant a reasonable belief that the
  temporary custodian has possession, custody, or control of the
  information;
                     (C)  the officer for public information is unable
  to comply with the duties imposed by this chapter without obtaining
  the information from the temporary custodian; and
                     (D)  the temporary custodian has not provided the
  information to the officer for public information or the officer's
  agent.
         SECTION 6.  Subchapter E, Chapter 552, Government Code, is
  amended by adding Sections 552.233, 552.234, and 552.235 to read as
  follows:
         Sec. 552.233.  OWNERSHIP OF PUBLIC INFORMATION. (a)  A
  current or former officer or employee of a governmental body does
  not have, by virtue of the officer's or employee's position or
  former position, a personal or property right to public information
  the officer or employee created or received while acting in an
  official capacity.
         (b)  A temporary custodian with possession, custody, or
  control of public information shall surrender or return the
  information to the governmental body not later than the 10th day
  after the date the officer for public information of the
  governmental body or the officer's agent requests the temporary
  custodian to surrender or return the information.
         (c)  A temporary custodian's failure to surrender or return
  public information as required by Subsection (b) is grounds for
  disciplinary action by the governmental body that employs the
  temporary custodian or any other applicable penalties provided by
  this chapter or other law.
         (d)  For purposes of the application of Subchapter G to
  information surrendered or returned to a governmental body by a
  temporary custodian under Subsection (b), the governmental body is
  considered to receive the request for that information on the date
  the information is surrendered or returned to the governmental
  body.
         Sec. 552.234.  METHOD OF MAKING WRITTEN REQUEST FOR PUBLIC
  INFORMATION. (a)  A person may make a written request for public
  information under this chapter only by delivering the request by
  one of the following methods to the applicable officer for public
  information or a person designated by that officer:
               (1)  United States mail;
               (2)  electronic mail;
               (3)  hand delivery; or
               (4)  any other appropriate method approved by the
  governmental body, including:
                     (A)  facsimile transmission; and
                     (B)  electronic submission through the
  governmental body's Internet website.
         (b)  For the purpose of Subsection (a)(4), a governmental
  body is considered to have approved a method described by that
  subdivision only if the governmental body includes a statement that
  a request for public information may be made by that method on:
               (1)  the sign required to be displayed by the
  governmental body under Section 552.205; or
               (2)  the governmental body's Internet website.
         (c)  A governmental body may designate one mailing address
  and one electronic mail address for receiving written requests for
  public information.  The governmental body shall provide the
  designated mailing address and electronic mailing address to any
  person on request.
         (d)  A governmental body that posts the mailing address and
  electronic mail address designated by the governmental body under
  Subsection (c) on the governmental body's Internet website or that
  prints those addresses on the sign required to be displayed by the
  governmental body under Section 552.205 is not required to respond
  to a written request for public information unless the request is
  received:
               (1)  at one of those addresses;
               (2)  by hand delivery; or
               (3)  by a method described by Subsection (a)(4) that
  has been approved by the governmental body.
         Sec. 552.235.  PUBLIC INFORMATION REQUEST FORM. (a)  The
  attorney general shall create a public information request form
  that provides a requestor the option of excluding from a request
  information that the governmental body determines is:
               (1)  confidential; or
               (2)  subject to an exception to disclosure that the
  governmental body would assert if the information were subject to
  the request.
         (b)  A governmental body that allows requestors to use the
  form described by Subsection (a) and maintains an Internet website
  shall post the form on its website.
         SECTION 7.  Section 552.301(c), Government Code, is
  repealed.
         SECTION 8.  The changes in law made by this Act apply only to
  a request for public information received on or after the effective
  date of this Act.  A request for public information received before
  the effective date of this Act is governed by the law in effect when
  the request was received, and the former law is continued in effect
  for that purpose.
         SECTION 9.  The attorney general shall create a public
  information request form under Section 552.235(a), Government
  Code, as added by this Act, not later than October 1, 2019.
         SECTION 10.  This Act takes effect September 1, 2019.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 944 passed the Senate on
  April 10, 2019, by the following vote:  Yeas 29, Nays 1;
  May 20, 2019, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 22, 2019, House
  granted request of the Senate; May 26, 2019, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 944 passed the House, with
  amendments, on May 15, 2019, by the following vote:  Yeas 145,
  Nays 0, two present not voting; May 22, 2019, House granted request
  of the Senate for appointment of Conference Committee;
  May 26, 2019, House adopted Conference Committee Report by the
  following vote:  Yeas 145, Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor