reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.142. Exception: Confidentiality of Records Subject to Order of Nondisclosure

Sec. 552.142.  EXCEPTION:  CONFIDENTIALITY OF RECORDS SUBJECT TO ORDER OF NONDISCLOSURE.  (a)  Information is excepted from the requirements of Section 552.021 if an order of nondisclosure of criminal history record information with respect to the information has been issued under Subchapter E-1, Chapter 411.
(b)  A person who is the subject of information that is excepted from the requirements of Section 552.021 under this section may deny the occurrence of the criminal proceeding to which the information relates and the exception of the information under this section, unless the information is being used against the person in a subsequent criminal proceeding.
Added by Acts 2003, 78th Leg., ch. 1236, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 731 (H.B. 961), Sec. 9, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 731 (H.B. 961), Sec. 10, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1070 (H.B. 2286), Sec. 2.02, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 26, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.1425. Civil Penalty: Dissemination of Certain Criminal History Information

Sec. 552.1425.  CIVIL PENALTY:  DISSEMINATION OF CERTAIN CRIMINAL HISTORY INFORMATION.
Text of subsection effective until January 01, 2025
(a)  A private entity that compiles and disseminates for compensation criminal history record information may not compile or disseminate information with respect to which the entity has received notice that:
(1)  an order of expunction has been issued under Article 55.02, Code of Criminal Procedure; or
(2)  an order of nondisclosure of criminal history record information has been issued under Subchapter E-1, Chapter 411.
Text of subsection effective on January 01, 2025
(a)  A private entity that compiles and disseminates for compensation criminal history record information may not compile or disseminate information with respect to which the entity has received notice that:
(1)  an order of expunction has been issued under Subchapter E or F, Chapter 55A, Code of Criminal Procedure; or
(2)  an order of nondisclosure of criminal history record information has been issued under Subchapter E-1, Chapter 411.
(b)  A district court may issue a warning to a private entity for a first violation of Subsection (a).  After receiving a warning for the first violation, the private entity is liable to the state for a civil penalty not to exceed $1,000 for each subsequent violation.
(c)  The attorney general or an appropriate prosecuting attorney may sue to collect a civil penalty under this section.
(d)  A civil penalty collected under this section shall be deposited in the state treasury to the credit of the general revenue fund.
Added by Acts 2003, 78th Leg., ch. 1236, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1017 (H.B. 1303), Sec. 9, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1017 (H.B. 1303), Sec. 10, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 780 (S.B. 1056), Sec. 5, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 731 (H.B. 961), Sec. 11, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 28, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.100, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.143. Confidentiality of Certain Investment Information

Sec. 552.143.  CONFIDENTIALITY OF CERTAIN INVESTMENT INFORMATION.  (a)  All information prepared or provided by a private investment fund and held by a governmental body that is not listed in Section 552.0225(b) is confidential and excepted from the requirements of Section 552.021.
(b)  Unless the information has been publicly released, pre-investment and post-investment diligence information, including reviews and analyses, prepared or maintained by a governmental body or a private investment fund is confidential and excepted from the requirements of Section 552.021, except to the extent it is subject to disclosure under Subsection (c).
(c)  All information regarding a governmental body's direct purchase, holding, or disposal of restricted securities that is not listed in Section 552.0225(b)(2)-(9), (11), or (13)-(16) is confidential and excepted from the requirements of Section 552.021.  This subsection does not apply to a governmental body's purchase, holding, or disposal of restricted securities for the purpose of reinvestment nor does it apply to a private investment fund's investment in restricted securities.  This subsection applies to information regarding a direct purchase, holding, or disposal of restricted securities by the Texas growth fund, created under Section 70, Article XVI, Texas Constitution, that is not listed in Section 552.0225(b).
(d)  For the purposes of this chapter:
(1)  "Private investment fund" means an entity, other than a governmental body, that issues restricted securities to a governmental body to evidence the investment of public funds for the purpose of reinvestment.
(2)  "Reinvestment" means investment in a person that makes or will make other investments.
(3)  "Restricted securities" has the meaning assigned by 17 C.F.R. Section 230.144(a)(3).
(e)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 17.05(1), eff. September 28, 2011.
(f)  This section does not apply to the Texas Mutual Insurance Company or a successor to the company.
Added by Acts 2005, 79th Leg., Ch. 1338 (S.B. 121), Sec. 2, eff. June 18, 2005.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 17.05(1), eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.144. Exception: Working Papers and Electronic Communications of Administrative Law Judges at State Office of Administrative Hearings

Sec. 552.144.  EXCEPTION:  WORKING PAPERS AND ELECTRONIC COMMUNICATIONS OF ADMINISTRATIVE LAW JUDGES AT STATE OFFICE OF ADMINISTRATIVE HEARINGS.  The following working papers and electronic communications of an administrative law judge at the State Office of Administrative Hearings are excepted from the requirements of Section 552.021:
(1)  notes and electronic communications recording the observations, thoughts, questions, deliberations, or impressions of an administrative law judge;
(2)  drafts of a proposal for decision;
(3)  drafts of orders made in connection with conducting contested case hearings; and
(4)  drafts of orders made in connection with conducting alternative dispute resolution procedures.
Acts 2003, 78th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 2003.
Renumbered from Government Code, Section 552.141 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(35), eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 350 (S.B. 178), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.145. Exception: Confidentiality of Texas No-Call List

Sec. 552.145.  EXCEPTION:  CONFIDENTIALITY OF TEXAS NO-CALL LIST.  The Texas no-call list created under Subchapter B, Chapter 304, Business & Commerce Code, and any information provided to or received from the administrator of the national do-not-call registry maintained by the United States government, as provided by Sections 304.051 and 304.056, Business & Commerce Code, are excepted from the requirements of Section 552.021.
Added by Acts 2003, 78th Leg., ch. 401, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 171 (H.B. 210), Sec. 2, eff. May 27, 2005.
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.20, eff. April 1, 2009.
Renumbered from Government Code, Section 552.141 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(39), eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1229 (S.B. 602), Sec. 32, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.146. Exception: Certain Communications With Assistant or Employee of Legislative Budget Board

Sec. 552.146.  EXCEPTION:  CERTAIN COMMUNICATIONS WITH ASSISTANT OR EMPLOYEE OF LEGISLATIVE BUDGET BOARD.  (a)  All written or otherwise recorded communications, including conversations, correspondence, and electronic communications, between a member of the legislature or the lieutenant governor and an assistant or employee of the Legislative Budget Board are excepted from the requirements of Section 552.021.
(b)  Memoranda of a communication between a member of the legislature or the lieutenant governor and an assistant or employee of the Legislative Budget Board are excepted from the requirements of Section 552.021 without regard to the method used to store or maintain the memoranda.
(c)  This section does not except from required disclosure a record or memoranda of a communication that occurs in public during an open meeting or public hearing conducted by the Legislative Budget Board.
Added by Acts 2005, 79th Leg., Ch. 741 (H.B. 2753), Sec. 9, eff. June 17, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.147. Social Security Numbers

Sec. 552.147.  SOCIAL SECURITY NUMBERS.  (a)  Except as provided by Subsection (a-1), the social security number of a living person is excepted from the requirements of Section 552.021, but is not confidential under this section and this section does not make the social security number of a living person confidential under another provision of this chapter or other law.
(a-1)  The social security number of an employee of a school district in the custody of the district is confidential.
(b)  A governmental body may redact the social security number of a living person from any information the governmental body discloses under Section 552.021 without the necessity of requesting a decision from the attorney general under Subchapter G.
(c)  Notwithstanding any other law, a county or district clerk may disclose in the ordinary course of business a social security number that is contained in information held by the clerk's office, and that disclosure is not official misconduct and does not subject the clerk to civil or criminal liability of any kind under the law of this state, including any claim for damages in a lawsuit or the criminal penalty imposed by Section 552.352.
(d)  Unless another law requires a social security number to be maintained in a government document, on written request from an individual or the individual's representative the clerk shall redact within a reasonable amount of time all but the last four digits of the individual's social security number from information maintained in the clerk's official public records, including electronically stored information maintained by or under the control of the clerk.  The individual or the individual's representative must identify, using a form provided by the clerk, the specific document or documents from which the partial social security number shall be redacted.
Added by Acts 2005, 79th Leg., Ch. 397 (S.B. 1485), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 3 (H.B. 2061), Sec. 1, eff. March 28, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 183 (H.B. 2961), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.148. Exception: Confidentiality of Certain Personal Information Maintained by Municipality Pertaining to a Minor

Sec. 552.148.  EXCEPTION:  CONFIDENTIALITY OF CERTAIN PERSONAL INFORMATION MAINTAINED BY MUNICIPALITY PERTAINING TO A MINOR.  (a)  In this section, "minor" means a person younger than 18 years of age.
(b)  The following information maintained by a municipality for purposes related to the participation by a minor in a recreational program or activity is excepted from the requirements of Section 552.021:
(1)  the name, age, home address, home telephone number, or social security number of the minor;
(2)  a photograph of the minor; and
(3)  the name of the minor's parent or legal guardian.
Added by Acts 2007, 80th Leg., R.S., Ch. 114 (S.B. 123), Sec. 1, eff. May 17, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1229 (S.B. 602), Sec. 33, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.150. Exception: Confidentiality of Information That Could Compromise Safety of Officer or Employee of Hospital District

Sec. 552.150.  EXCEPTION:  CONFIDENTIALITY OF INFORMATION THAT COULD COMPROMISE SAFETY OF OFFICER OR EMPLOYEE OF HOSPITAL DISTRICT.  (a)  Information in the custody of a hospital district that relates to an employee or officer of the hospital district is excepted from the requirements of Section 552.021 if:
(1)  it is information that, if disclosed under the specific circumstances pertaining to the individual, could reasonably be expected to compromise the safety of the individual, such as information that describes or depicts the likeness of the individual, information stating the times that the individual arrives at or departs from work, a description of the individual's automobile, or the location where the individual works or parks; and
(2)  the employee or officer applies in writing to the hospital district's officer for public information to have the information withheld from public disclosure under this section and includes in the application:
(A)  a description of the information; and
(B)  the specific circumstances pertaining to the individual that demonstrate why disclosure of the information could reasonably be expected to compromise the safety of the individual.
(b)  On receiving a written request for information described in an application submitted under Subsection (a)(2), the officer for public information shall:
(1)  request a decision from the attorney general in accordance with Section 552.301 regarding withholding the information; and
(2)  include a copy of the application submitted under Subsection (a)(2) with the request for the decision.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 609, Sec. 1, eff. June 17, 2011.
Added by Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 4, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 609 (S.B. 470), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1229 (S.B. 602), Sec. 35, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.151. Exception: Confidentiality of Information Regarding Select Agents

Sec. 552.151.  EXCEPTION:  CONFIDENTIALITY OF INFORMATION REGARDING SELECT AGENTS.  (a)  The following information that pertains to a biological agent or toxin identified or listed as a select agent under federal law, including under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Pub. L. No. 107-188) and regulations adopted under that Act, is excepted from the requirements of Section 552.021:
(1)  the specific location of a select agent within an approved facility;
(2)  personal identifying information of an individual whose name appears in documentation relating to the chain of custody of select agents, including a materials transfer agreement; and
(3)  the identity of an individual authorized to possess, use, or access a select agent.
(b)  This section does not except from disclosure the identity of the select agents present at a facility.
(c)  This section does not except from disclosure the identity of an individual faculty member or employee whose name appears or will appear on published research.
(d)  This section does not except from disclosure otherwise public information relating to contracts of a governmental body.
(e)  If a resident of another state is present in Texas and is authorized to possess, use, or access a select agent in conducting research or other work at a Texas facility, information relating to the identity of that individual is subject to disclosure under this chapter only to the extent the information would be subject to disclosure under the laws of the state of which the person is a resident.
Added by Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 5, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1229 (S.B. 602), Sec. 36, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.152. Exception: Confidentiality of Information Concerning Public Employee or Officer Personal Safety

Sec. 552.152.  EXCEPTION:  CONFIDENTIALITY OF INFORMATION CONCERNING PUBLIC EMPLOYEE OR OFFICER PERSONAL SAFETY.  Information in the custody of a governmental body that relates to an employee or officer of the governmental body is excepted from the requirements of Section 552.021 if, under the specific circumstances pertaining to the employee or officer, disclosure of the information would subject the employee or officer to a substantial threat of physical harm.
Added by Acts 2009, 81st Leg., R.S., Ch. 283 (S.B. 1068), Sec. 4, eff. June 4, 2009.
Redesignated from Government Code, Section 552.151 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(20), eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.153. Proprietary Records and Trade Secrets Involved in Certain Partnerships

Sec. 552.153.  PROPRIETARY RECORDS AND TRADE SECRETS INVOLVED IN CERTAIN PARTNERSHIPS.  (a)  In this section, "affected jurisdiction," "comprehensive agreement," "contracting person," "interim agreement," "qualifying project," and "responsible governmental entity" have the meanings assigned those terms by Section 2267.001.
(b)  Information in the custody of a responsible governmental entity that relates to a proposal for a qualifying project authorized under Chapter 2267 is excepted from the requirements of Section 552.021 if:
(1)  the information consists of memoranda, staff evaluations, or other records prepared by the responsible governmental entity, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals filed under Chapter 2267 for which:
(A)  disclosure to the public before or after the execution of an interim or comprehensive agreement would adversely affect the financial interest or bargaining position of the responsible governmental entity; and
(B)  the basis for the determination under Paragraph (A) is documented in writing by the responsible governmental entity; or
(2)  the records are provided by a proposer to a responsible governmental entity or affected jurisdiction under Chapter 2267 and contain:
(A)  trade secrets of the proposer;
(B)  financial records of the proposer, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or other means; or
(C)  work product related to a competitive bid or proposal submitted by the proposer that, if made public before the execution of an interim or comprehensive agreement, would provide a competing proposer an unjust advantage or adversely affect the financial interest or bargaining position of the responsible governmental entity or the proposer.
(c)  Except as specifically provided by Subsection (b), this section does not authorize the withholding of information concerning:
(1)  the terms of any interim or comprehensive agreement, service contract, lease, partnership, or agreement of any kind entered into by the responsible governmental entity and the contracting person or the terms of any financing arrangement that involves the use of any public money; or
(2)  the performance of any person developing or operating a qualifying project under Chapter 2267.
(d)  In this section, "proposer" has the meaning assigned by Section 2267.001.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 4, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.154. Exception: Name of Applicant for Executive Director, Chief Investment Officer, or Chief Audit Executive of Teacher Retirement System of Texas

Sec. 552.154.  EXCEPTION:  NAME OF APPLICANT FOR EXECUTIVE DIRECTOR, CHIEF INVESTMENT OFFICER, OR CHIEF AUDIT EXECUTIVE OF TEACHER RETIREMENT SYSTEM OF TEXAS.  The name of an applicant for the position of executive director, chief investment officer, or chief audit executive of the Teacher Retirement System of Texas is excepted from the requirements of Section 552.021, except that the board of trustees of the Teacher Retirement System of Texas must give public notice of the names of three finalists being considered for one of those positions at least 21 days before the date of the meeting at which the final action or vote is to be taken on choosing a finalist for employment.
Added by Acts 2011, 82nd Leg., R.S., Ch. 455 (S.B. 1667), Sec. 4, eff. September 1, 2011.
Redesignated from Government Code, Section 552.153 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(22), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.155. Exception: Confidentiality of Certain Property Tax Appraisal Photographs

Sec. 552.155.  EXCEPTION: CONFIDENTIALITY OF CERTAIN PROPERTY TAX APPRAISAL PHOTOGRAPHS.  (a)  Except as provided by Subsection (b) or (c), a photograph that is taken by the chief appraiser of an appraisal district or the chief appraiser's authorized representative for property tax appraisal purposes and that shows the interior of an improvement to property is confidential and excepted from the requirements of Section 552.021.
(b)  A governmental body shall disclose a photograph described by Subsection (a) to a requestor who had an ownership interest in the improvement to property shown in the photograph on the date the photograph was taken.
(c)  A photograph described by Subsection (a) may be used as evidence in and provided to the parties to a protest under Chapter 41, Tax Code, or an appeal of a determination by the appraisal review board under Chapter 42, Tax Code, if it is relevant to the determination of a matter protested or appealed.  A photograph that is used as evidence:
(1)  remains confidential in the possession of the person to whom it is disclosed; and
(2)  may not be disclosed or used for any other purpose.
(c-1)  Notwithstanding any other law, a photograph described by Subsection (a) may be used to ascertain the location of equipment used to produce or transmit oil and gas for purposes of taxation if that equipment is located on January 1 in the appraisal district that appraises property for the equipment for the preceding 365 consecutive days.
Added by Acts 2015, 84th Leg., R.S., Ch. 835 (S.B. 46), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.156. Exception: Confidentiality of Continuity of Operations Plan

Sec. 552.156. EXCEPTION:  CONFIDENTIALITY OF CONTINUITY OF OPERATIONS PLAN.  (a)  Except as otherwise provided by this section, the following information is excepted from disclosure under this chapter:
(1)  a continuity of operations plan developed under Section 412.054, Labor Code; and
(2)  all records written, produced, collected, assembled, or maintained as part of the development or review of a continuity of operations plan developed under Section 412.054, Labor Code.
(b)  Forms, standards, and other instructional, informational, or planning materials adopted by the office to provide guidance or assistance to a state agency in developing a continuity of operations plan under Section 412.054, Labor Code, are public information subject to disclosure under this chapter.
(c)  A governmental body may disclose or make available information that is confidential under this section to another governmental body or a federal agency.
(d)  Disclosing information to another governmental body or a federal agency under this section does not waive or affect the confidentiality of that information.
Added by Acts 2015, 84th Leg., R.S., Ch. 1045 (H.B. 1832), Sec. 5, eff. June 19, 2015.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.158. Exception: Confidentiality of Personal Information Regarding Applicant for Appointment by Governor

Sec. 552.158.  EXCEPTION:  CONFIDENTIALITY OF PERSONAL INFORMATION REGARDING APPLICANT FOR APPOINTMENT BY GOVERNOR.  The following information obtained by the governor or senate in connection with an applicant for an appointment by the governor is excepted from the requirements of Section 552.021:
(1)  the applicant's home address;
(2)  the applicant's home telephone number; and
(3)  the applicant's social security number.
Added by Acts 2017, 85th Leg., R.S., Ch. 303 (S.B. 705), Sec. 1, eff. May 29, 2017.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.159. Exception: Confidentiality of Certain Work Schedules

Sec. 552.159.  EXCEPTION: CONFIDENTIALITY OF CERTAIN WORK SCHEDULES.  A work schedule or a time sheet of a firefighter or volunteer firefighter or emergency medical services personnel as defined by Section 773.003, Health and Safety Code, is confidential and excepted from the requirements of Section 552.021.
Added by Acts 2019, 86th Leg., R.S., Ch. 1245 (H.B. 2446), Sec. 7, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.160. Confidentiality of Personal Information of Applicant for Disaster Recovery Funds

Sec. 552.160.  CONFIDENTIALITY OF PERSONAL INFORMATION OF APPLICANT FOR DISASTER RECOVERY FUNDS.  (a)  In this section, "disaster" has the meaning assigned by Section 418.004.
(b)  Except as provided by Subsection (c), the following information maintained by a governmental body is confidential:
(1)  the name, social security number, house number, street name, and telephone number of an individual or household that applies for state or federal disaster recovery funds;
(2)  the name, tax identification number, address, and telephone number of a business entity or an owner of a business entity that applies for state or federal disaster recovery funds; and
(3)  any other information the disclosure of which would identify or tend to identify a person or household that applies for state or federal disaster recovery funds.
(c)  The street name and census block group of and the amount of disaster recovery funds awarded to a person or household are not confidential after the date on which disaster recovery funds are awarded to the person or household.
Added by Acts 2019, 86th Leg., R.S., Ch. 883 (H.B. 3175), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.161. Exception: Certain Personal Information Obtained by Flood Control District

Sec. 552.161.  EXCEPTION: CERTAIN PERSONAL INFORMATION OBTAINED BY FLOOD CONTROL DISTRICT.  The following information obtained by a flood control district located in a county with a population of 3.3 million or more in connection with operations related to a declared disaster or flooding is excepted from the requirements of Section 552.021:
(1)  a person's name;
(2)  a home address;
(3)  a business address;
(4)  a home telephone number;
(5)  a mobile telephone number;
(6)  an electronic mail address;
(7)  social media account information; and
(8)  a social security number.
Added by Acts 2019, 86th Leg., R.S., Ch. 300 (H.B. 3913), Sec. 1, eff. September 1, 2019.
Redesignated from Government Code, Section 552.159 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(36), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.162. Exception: Confidentiality of Certain Information Provided by Out-of-State Health Care Provider

Sec. 552.162.  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.
Added by Acts 2019, 86th Leg., R.S., Ch. 1340 (S.B. 944), Sec. 4, eff. September 1, 2019.
Redesignated from Government Code, Section 552.159 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(37), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.163. Exception: Confidentiality of Certain Attorney General Settlement Negotiations

Sec. 552.163.  EXCEPTION: CONFIDENTIALITY OF CERTAIN ATTORNEY GENERAL SETTLEMENT NEGOTIATIONS.  (a)  In this section, "attorney general settlement communication" means documentary materials or information collected, assembled, drafted, developed, used, received, or maintained by or on behalf of the attorney general with respect to an investigation or litigation conducted under Subchapter E, Chapter 17, Business & Commerce Code, and that reflects or is regarding negotiations made for the purpose of achieving a resolution of a matter without the need for continuing with litigation or trial.
(b)  An attorney general settlement communication is privileged and not subject to disclosure under this chapter from the date the attorney general's investigation begins, as indicated in the attorney general's case management records, until the earlier of:
(1)  the 90th day after the date settlement discussions are terminated; or
(2)  the earliest of the date:
(A)  the case is reported closed in the attorney general's case management records;
(B)  the final judgment, assurance of voluntary compliance, or other settlement agreement is entered by the court, and the period for filing a notice of appeal has passed;
(C)  the settlement documents are executed by all parties, if the documents are not filed in court;
(D)  the order of dismissal or nonsuit disposing of all parties is entered by the court; or
(E)  all appeals are finalized.
(c)  For the purpose of this section, a settlement communication does not include a document attached to or referenced in a delivered settlement proposal that is subject to disclosure under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 847 (H.B. 3033), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter D. Officer for Public Information › Section 552.201. Identity of Officer for Public Information

Sec. 552.201.  IDENTITY OF OFFICER FOR PUBLIC INFORMATION.  (a)  The chief administrative officer of a governmental body is the officer for public information, except as provided by Subsection (b).
(b)  Each elected county officer is the officer for public information and the custodian, as defined by Section 201.003, Local Government Code, of the information created or received by that county officer's office.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 14, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter D. Officer for Public Information › Section 552.202. Department Heads

Sec. 552.202.  DEPARTMENT HEADS.  Each department head is an agent of the officer for public information for the purposes of complying with this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 14, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter D. Officer for Public Information › Section 552.203. General Duties of Officer for Public Information

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;
(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.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 14, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1340 (S.B. 944), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter D. Officer for Public Information › Section 552.204. Scope of Responsibility of Officer for Public Information

Sec. 552.204.  SCOPE OF RESPONSIBILITY OF OFFICER FOR PUBLIC INFORMATION.  An officer for public information is responsible for the release of public information as required by this chapter.  The officer is not responsible for:
(1)  the use made of the information by the requestor;  or
(2)  the release of information after it is removed from a record as a result of an update, a correction, or a change of status of the person to whom the information pertains.
Added by Acts 1995, 74th Leg., ch. 1035, Sec. 14, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter D. Officer for Public Information › Section 552.205. Informing Public of Basic Rights and Responsibilities Under This Chapter

Sec. 552.205.  INFORMING PUBLIC OF BASIC RIGHTS AND RESPONSIBILITIES UNDER THIS CHAPTER.  (a)  An officer for public information shall prominently display a sign in the form prescribed by the attorney general that contains basic information about the rights of a requestor, the responsibilities of a governmental body, and the procedures for inspecting or obtaining a copy of public information under this chapter.  The officer shall display the sign at one or more places in the administrative offices of the governmental body where it is plainly visible to:
(1)  members of the public who request public information in person under this chapter; and
(2)  employees of the governmental body whose duties include receiving or responding to requests under this chapter.
(b)  The attorney general by rule shall prescribe the content of the sign and the size, shape, and other physical characteristics of the sign.  In prescribing the content of the sign, the attorney general shall include plainly written basic information about the rights of a requestor, the responsibilities of a governmental body, and the procedures for inspecting or obtaining a copy of public information under this chapter that, in the opinion of the attorney general, is most useful for requestors to know and for employees of governmental bodies who receive or respond to requests for public information to know.
Added by Acts 1999, 76th Leg., ch. 1319, Sec. 11, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 329 (S.B. 727), Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 716 (S.B. 452), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter E. Procedures Related to Access › Section 552.2211. Production of Public Information When Administrative Offices Closed

Sec. 552.2211.   PRODUCTION OF PUBLIC INFORMATION WHEN ADMINISTRATIVE OFFICES CLOSED.  (a)  Except as provided by Section 552.233, if a governmental body closes its physical offices, but requires staff to work, including remotely, then the governmental body shall make a good faith effort to continue responding to applications for public information, to the extent staff have access to public information responsive to an application, pursuant to this chapter while its administrative offices are closed.
(b)  Failure to respond to requests in accordance with Subsection (a) may constitute a refusal to request an attorney general's decision as provided by Subchapter G or a refusal to supply public information or information that the attorney general has determined is public information that is not excepted from disclosure under Subchapter C as described by Section 552.321(a).
Added by Acts 2021, 87th Leg., R.S., Ch. 164 (S.B. 1225), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter E. Procedures Related to Access › Section 552.223. Uniform Treatment of Requests for Information

Sec. 552.223.  UNIFORM TREATMENT OF REQUESTS FOR INFORMATION.  The officer for public information or the officer's agent shall treat all requests for information uniformly without regard to the position or occupation of the requestor, the person on whose behalf the request is made, or the status of the individual as a member of the media.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter E. Procedures Related to Access › Section 552.224. Comfort and Facility

Sec. 552.224.  COMFORT AND FACILITY.  The officer for public information or the officer's agent shall give to a requestor all reasonable comfort and facility for the full exercise of the right granted by this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter E. Procedures Related to Access › Section 552.225. Time for Examination

Sec. 552.225.  TIME FOR EXAMINATION.  (a)  A requestor must complete the examination of the information not later than the 10th business day after the date the custodian of the information makes it available.  If the requestor does not complete the examination of the information within 10 business days after the date the custodian of the information makes the information available and does not file a request for additional time under Subsection (b), the requestor is considered to have withdrawn the request.
(b)  The officer for public information shall extend the initial examination period by an additional 10 business days if, within the initial period, the requestor files with the officer for public information a written request for additional time.  The officer for public information shall extend an additional examination period by another 10 business days if, within the additional period, the requestor files with the officer for public information a written request for more additional time.
(c)  The time during which a person may examine information may be interrupted by the officer for public information if the information is needed for use by the governmental body.  The period of interruption is not considered to be a part of the time during which the person may examine the information.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 329 (S.B. 727), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter E. Procedures Related to Access › Section 552.226. Removal of Original Record

Sec. 552.226.  REMOVAL OF ORIGINAL RECORD.  This chapter does not authorize a requestor to remove an original copy of a public record from the office of a governmental body.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter E. Procedures Related to Access › Section 552.227. Research of State Library Holdings Not Required

Sec. 552.227.  RESEARCH OF STATE LIBRARY HOLDINGS NOT REQUIRED.  An officer for public information or the officer's agent is not required to perform general research within the reference and research archives and holdings of state libraries.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter E. Procedures Related to Access › Section 552.228. Providing Suitable Copy of Public Information Within Reasonable Time

Sec. 552.228.  PROVIDING SUITABLE COPY OF PUBLIC INFORMATION WITHIN REASONABLE TIME.  (a)  It shall be a policy of a governmental body to provide a suitable copy of public information within a reasonable time after the date on which the copy is requested.
(b)  If public information exists in an electronic or magnetic medium, the requestor may request a copy in an electronic medium, such as on diskette or on magnetic tape.  A governmental body shall provide a copy in the requested medium if:
(1)  the governmental body has the technological ability to produce a copy of the requested information in the requested medium;
(2)  the governmental body is not required to purchase any software or hardware to accommodate the request; and
(3)  provision of a copy of the information in the requested medium will not violate the terms of any copyright agreement between the governmental body and a third party.
(c)  If a governmental body is unable to comply with a request to produce a copy of information in a requested medium for any of the reasons described by this section, the governmental body shall provide a copy in another medium that is acceptable to the requestor.  A governmental body is not required to copy information onto a diskette or other material provided by the requestor but may use its own supplies.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 962 (H.B. 3544), Sec. 8, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter E. Procedures Related to Access › Section 552.229. Consent to Release Information Under Special Right of Access

Sec. 552.229.  CONSENT TO RELEASE INFORMATION UNDER SPECIAL RIGHT OF ACCESS.  (a)  Consent for the release of information excepted from disclosure to the general public but available to a specific person under Sections 552.023 and 552.307 must be in writing and signed by the specific person or the person's authorized representative.
(b)  An individual under 18 years of age may consent to the release of information under this section only with the additional written authorization of the individual's parent or guardian.
(c)  An individual who has been adjudicated incompetent to manage the individual's personal affairs or for whom an attorney ad litem has been appointed may consent to the release of information under this section only by the written authorization of the designated legal guardian or attorney ad litem.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter E. Procedures Related to Access › Section 552.230. Rules of Procedure for Inspection and Copying of Public Information

Sec. 552.230.  RULES OF PROCEDURE FOR INSPECTION AND COPYING OF PUBLIC INFORMATION.  (a)  A governmental body may promulgate reasonable rules of procedure under which public information may be inspected and copied efficiently, safely, and without delay.
(b)  A rule promulgated under Subsection (a) may not be inconsistent with any provision of this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 15, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1231, Sec. 3, eff. Sept. 1, 1997.