S.B.ANo.A944

AN ACT

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relating to the public information law.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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SECTIONA1.AASection 552.002, Government Code, is amended by

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adding Subsection (d) to read as follows:

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(d)AA"Protected health information" as defined by Section

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181.006, Health and Safety Code, is not public information and is

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not subject to disclosure under this chapter.
SECTIONA2.AASection 552.003, Government Code, is amended by

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adding Subdivision (7) to read as follows:
(7)AA"Temporary custodian" means an officer or employee

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of

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business, creates or receives public information that the officer

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or employee has not provided to the officer for public information

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of the governmental body or the officer ’s agent.

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a former officer or employee of a governmental body who created or

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received public information in the officer ’s or employee ’s official

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capacity

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information of the governmental body or the officer ’s agent.

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a

governmental

that

has

body

not

who,

been

in

the

provided

transaction

to

the

of

official

The term includes

officer

for

public

SECTIONA3.AASection 552.004, Government Code, is amended to
read as follows:

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Sec.A552.004.AAPRESERVATION

OF

INFORMATION.

(a)AAA

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governmental body or, for information of an elective county office,

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the

elected

county

officer,

may

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determine

a

time

for

which

 S.B.ANo.A944
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information that is not currently in use will be preserved, subject

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to Subsection (b) and to any applicable rule or law governing the

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destruction and other disposition of state and local government

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records or public information.

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(b)AAA

current

or

former

officer

or

employee

of

a

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governmental body who maintains public information on a privately

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owned device shall:

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(1)AAforward or transfer the public information to the

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governmental body or a governmental body server to be preserved as

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provided by Subsection (a); or

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(2)AApreserve the public information in its original

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form in a backup or archive and on the privately owned device for

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the time described under Subsection (a).

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(c)AAThe provisions of Chapter 441 of this code and Title 6,

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Local Government Code, governing the preservation, destruction, or

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other disposition of records or public information apply to records

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and public information held by a temporary custodian.

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SECTIONA4.AASubchapter C, Chapter 552, Government Code, is
amended by adding Section 552.159 to read as follows:
Sec.A552.159.AAEXCEPTION:

CONFIDENTIALITY

OF

CERTAIN

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INFORMATION

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Information obtained by a governmental body that was provided by an

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out-of-state health care provider in connection with a quality

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management,

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out-of-state health care provider pays for is confidential and

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excepted from the requirements of Section 552.021.

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PROVIDED

peer

BY

review,

OUT-OF-STATE

or

best

HEALTH

practices

CARE

program

PROVIDER.

that

the

SECTIONA5.AASection 552.203, Government Code, is amended to

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 S.B.ANo.A944
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read as follows:
Sec.A552.203.AAGENERAL

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INFORMATION.

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penalties provided in this chapter, shall:
(1)AAmake

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officer

for

OF

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Each

DUTIES

public

public

OFFICER

information,

information

available

FOR

PUBLIC

subject

for

to

public

inspection and copying;
(2)AAcarefully

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protect

public

information

from

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deterioration, alteration, mutilation, loss, or unlawful removal;

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[and]
(3)AArepair, renovate, or rebind public information as

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necessary to maintain it properly; and
(4)AAmake

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efforts

to

obtain

public

information from a temporary custodian if:
(A)AAthe information has been requested from the

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reasonable

governmental body;
(B)AAthe officer for public information is aware

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of

facts

sufficient

to

warrant

a

reasonable

belief

that

the

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temporary custodian has possession, custody, or control of the

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information;

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(C)AAthe officer for public information is unable

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to comply with the duties imposed by this chapter without obtaining

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the information from the temporary custodian; and

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(D)AAthe temporary custodian has not provided the

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information to the officer for public information or the officer ’s

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agent.

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SECTIONA6.AASubchapter E, Chapter 552, Government Code, is

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amended by adding Sections 552.233, 552.234, and 552.235 to read as

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 S.B.ANo.A944
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follows:
Sec.A552.233.AAOWNERSHIP

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OF

PUBLIC

INFORMATION.

(a)AAA

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current or former officer or employee of a governmental body does

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not have, by virtue of the officer ’s or employee ’s position or

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former position, a personal or property right to public information

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the officer or employee created or received while acting in an

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official capacity.

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(b)AAA

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control

of

temporary
public

custodian

information

with

shall

possession,
surrender

or

custody,
return

or
the

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information to the governmental body not later than the 10th day

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after

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governmental body or the officer ’s agent requests the temporary

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custodian to surrender or return the information.

the

date

the

officer

for

public

information

of

the

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(c)AAA temporary custodian ’s failure to surrender or return

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public information as required by Subsection (b) is grounds for

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disciplinary

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temporary custodian or any other applicable penalties provided by

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this chapter or other law.

action

(d)AAFor

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by

purposes

the

of

governmental

the

body

application

of

that

employs

Subchapter

the

G

to

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information surrendered or returned to a governmental body by a

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temporary custodian under Subsection (b), the governmental body is

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considered to receive the request for that information on the date

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the information is surrendered or returned to the governmental

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body.

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Sec.A552.234.AAMETHOD OF MAKING WRITTEN REQUEST FOR PUBLIC

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INFORMATION.

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information under this chapter only by delivering the request by

(a)AAA person may make a written request for public

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 S.B.ANo.A944
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one of the following methods to the applicable officer for public

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information or a person designated by that officer:

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(1)AAUnited States mail;

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(2)AAelectronic mail;

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(3)AAhand delivery; or

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(4)AAany

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other

appropriate

method

by

the

governmental body, including:

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(A)AAfacsimile transmission; and

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(B)AAelectronic

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approved

submission

through

the

governmental body ’s Internet website.

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(b)AAFor the purpose of Subsection (a)(4), a governmental

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body is considered to have approved a method described by that

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subdivision only if the governmental body includes a statement that

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a request for public information may be made by that method on:
(1)AAthe

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sign

required

to

be

displayed

by

the

governmental body under Section 552.205; or
(2)AAthe governmental body ’s Internet website.

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(c)AAA governmental body may designate one mailing address

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and one electronic mail address for receiving written requests for

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public

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designated mailing address and electronic mailing address to any

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person on request.

information.

The

governmental

body

shall

provide

the

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(d)AAA governmental body that posts the mailing address and

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electronic mail address designated by the governmental body under

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Subsection (c) on the governmental body ’s Internet website or that

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prints those addresses on the sign required to be displayed by the

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governmental body under Section 552.205 is not required to respond

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 S.B.ANo.A944
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to a written request for public information unless the request is

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received:

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(1)AAat one of those addresses;

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(2)AAby hand delivery; or

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(3)AAby a method described by Subsection (a)(4) that

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has been approved by the governmental body.
Sec.A552.235.AAPUBLIC INFORMATION REQUEST FORM.

(a)AAThe

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attorney general shall create a public information request form

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that provides a requestor the option of excluding from a request

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information that the governmental body determines is:

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(1)AAconfidential; or

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(2)AAsubject to an exception to disclosure that the

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governmental body would assert if the information were subject to

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the request.

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(b)AAA governmental body that allows requestors to use the

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form described by Subsection (a) and maintains an Internet website

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shall post the form on its website.

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SECTIONA7.AASection

552.301(c),

Government

Code,

is

repealed.

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SECTIONA8.AAThe changes in law made by this Act apply only to

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a request for public information received on or after the effective

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date of this Act.

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the effective date of this Act is governed by the law in effect when

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the request was received, and the former law is continued in effect

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for that purpose.

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A request for public information received before

SECTIONA9.AAThe
information

request

attorney
form

general

under

Section

6

shall

create

552.235(a),

a

public

Government

 S.B.ANo.A944
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Code, as added by this Act, not later than October 1, 2019.
SECTIONA10.AAThis Act takes effect September 1, 2019.

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 S.B.ANo.A944

______________________________AAAA______________________________
President of the SenateAAAAAAAAAAAAASpeaker of the House
I

hereby

certify

AprilA10,A2019,

by

that

the

S.B.ANo.A944

following

passed

the

Senate

vote:AAYeasA29,

on

NaysA1;

MayA20,A2019, Senate refused to concur in House amendments and
requested appointment of Conference Committee; MayA22,A2019, House
granted

request

Conference

of

the

Committee

Senate;

Report

by

MayA26,A2019,
the

Senate

following

adopted

vote:AAYeasA31,

NaysA0.

______________________________
AAAASecretary of the Senate
I hereby certify that S.B.ANo.A944 passed the House, with
amendments,

on

MayA15,A2019,

by

the

following

vote:AAYeasA145,

NaysA0, two present not voting; MayA22,A2019, House granted request
of

the

Senate

MayA26,A2019,

for

House

appointment

adopted

of

Conference

Conference
Committee

Committee;

Report

by

the

following vote:AAYeasA145, NaysA0, one present not voting.

______________________________
AAAAChief Clerk of the House

Approved:

______________________________
AAAAAAAAAAAADate

______________________________
AAAAAAAAAAAGovernor

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