Law:Title 5. Open Government; Ethics. Subtitle A. Open Government from Chapter 555. State Agency Records Relating To License Holders Or Other Regulated Persons (Texas)

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Subtitle A. Open Government

Contents

Chapter 555. State Agency Records Relating To License Holders Or Other Regulated Persons

Subchapter A. General Provisions

Section  555.001.  Definitions. In

this chapter, "state agency," "license," and "contested case" have the meanings assigned by Section 2001.003.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  555.002.  Rules.

A state agency may adopt fair and reasonable rules, minimum standards, and limitations that are appropriate for implementing this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  555.003.  Exception.

This chapter does not apply to files that relate to drivers of motor vehicles and that are maintained by the Department of Public Safety under Subchapter C, Chapter 521, Transportation Code.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.194, eff. Sept. 1, 1997.



Subchapter B. Procedures Relating To License Records

Section  555.021.  Maintenance And Accessibility Of License Records.

(a) Each state agency that issues a license shall keep in its files records relating to each license holder regulated by the agency.

(b)  The agency shall maintain the files in a manner that permits public access to:

(1)  all information in the files relating to a license holder regulated by the agency, including information about a contested case, unless the information is excepted by law from public disclosure; and

(2)  notice of information in the file as described by Section 555.022.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  555.022.  Removal Of Records From File.

(a) On removal from a state agency file of information relating to the license status of one or more license holders, the agency shall:

(1)  describe the content of the removed record;

(2)  indicate the reason the particular record is not any longer part of the agency file; and

(3)  state the date and time the record was removed.

(b)  This section does not apply to a record that is removed for destruction as permitted by law.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  555.023.  Agency File Diversification Permitted.

(a) A state agency is not required to discontinue or convert its records management procedures or systems in existence before June 14, 1989, to comply with this chapter. An agency may continue to use those procedures and systems in conjunction with any changes made to comply with this chapter.

(b)  A state agency may not impede public access to records through use of a records management procedure or system that existed before June 14, 1989, if the public is entitled by law to access.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Subchapter C. Sharing Confidential Information

Section  555.051.  Information Sharing Among Certain Agencies.

(a) This section applies only to information held by or for the office of the attorney general, the Texas Department of Insurance, the Texas State Board of Public Accountancy, the Public Utility Commission of Texas, the State Securities Board, the Department of Savings and Mortgage Lending, the Texas Real Estate Commission, the Texas Appraiser Licensing and Certification Board, the Texas Department of Banking, the credit union department, the Office of Consumer Credit Commissioner, or the Texas Department of Housing and Community Affairs that relates to the possible commission of corporate fraud or mortgage fraud by a person who is licensed or otherwise regulated by any of those state agencies.  In this subsection, "corporate fraud" means a violation of state or federal law or rules relating to fraud committed by a corporation, limited liability company, or registered limited liability partnership or an officer, director, or partner of those entities while acting in a representative capacity.

(b)  Each of the agencies listed in Subsection (a), on request or on its own initiative, may share confidential information or information to which access is otherwise restricted by law with one or more of the other agencies listed in Subsection (a) for investigative purposes pursuant to Subsection (a). Except as provided by this section, confidential information that is shared under this section remains confidential under law and legal restrictions on access to the information remain in effect.

(c)  A state agency that receives shared information under this section:

(1)  shall keep the information secure and limit access to the information within the agency to agency personnel who need access for investigative purposes; and

(2)  may disclose the information obtained pursuant to Subsection (a) only:

(A)  to another agency listed in Subsection (a) in accordance with this section;

(B)  to another agency listed in Subsection (a) to the extent necessary to bring or prosecute a contested case or court action to restrain or prevent a violation of law or to impose sanctions or penalties in connection with a violation of law;

(C)  to an appropriate law enforcement agency or prosecutor if the state agency determines that the information may be evidence of an offense or evidence that a particular person committed an offense; or

(D)  under a court order or subpoena obtained after a showing to a court that disclosure of the information is necessary to protect the public health, safety, or welfare.

(d)  This section does not limit or restrict information sharing among agencies as otherwise provided by law.

Added by Acts 2003, 78th Leg., ch. 1090, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 285, Sec. 4, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 709, Sec. 3, eff. September 1, 2009.


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