SB 8                     Relating to the prompt production of public information under the public
Wentworth       information law.  This act amends §552.221 of  the Government Code to  emphasize that information requested under the law should be provided without delay.  This act became effective on June 20, 2003.

SB 151            Relating to the recognition of foreign adoptions and the issuance of a
Jackson          supplementary birth certificate.  This act adds §162.023 to the Family Code to provide uniform procedures for handling foreign adoptions.  It gives such adoption orders full faith and credit and authorizes the issuance of birth certificates for the subject.  This act became effective on September 1, 2003.

SB 164              Relating to the recording of jury deliberations in civil and criminal
Lindsay            proceedings.  This act, passed in response to a proposal to record and televise jury deliberations in a Harris County capital murder case, adds §36.215 to the Code of Criminal Procedure and Chapter 24 to the Civil Practice and Remedies Code to prohibit anyone from any photographing or recording jury deliberations.  This act became effective on September 1, 2003.

SB 174            Relating to the confidentiality of information in an application for a 
Nelson             marriage license.  This act adds §552.141 to the Government Code making Social Security Numbers on marriage license applications filed after September 1, 2003 confidential and requiring county clerks providing copies under the public information law to redact the information.  This act became effective on September 1, 2003.

SB 209              Relating to prohibiting a motor vehicle from being equipped with certain 
Carona             video equipment and devices.  This act amends §547.611 of the Transportation Code to expand the existing law prohibiting drivers from watching television receivers to include video players.  An additional exception is added to permit utility vehicles to be equipped with monitoring devices.  This bill became effective on September 1, 2003.

SB 235            Relating to the contents of a receipt or other document issued for payment
Fraser              by credit card.  This act adds §35.58 to the Business & Commerce Code to prohibit receipts for credit and debit card transactions from including more than the last four digits of the card number.  An exception is made for the now obsolescence imprinting devices or handwritten receipts.  A violation can result in a monthly civil penalty of $500.  This act became effective on September 1, 2003.

SB 330            Relating to access to certain private medical information.  This
Nelson             act repeals §§181.101 and 181.102 of the Health and Safety Code.  Those sections were passed last session incorporating the text of proposed Federal Health Information Portability and Accountability Act regulations but were subsequently dropped in the final rules.  This act became effective on September 1, 2003.

SB 349            Relating to the intellectual property rights of the Department of 
Armbrister        Information Resources and certain other state agency intellectual property matters.  This act amends Chapter 2054 of the Government Code to authorize the Department of Information Resources to copyright, patent, and register trademarks on intellectual property and to license their use by other enterprises.  It also eliminates the requirement for a biennial audit of software licenses by all state agencies.  This act became effective on September 1, 2003.

SB 378            Relating to the listing of a business location of certain businesses in a
Armbrister        telephone directory or database.  This act adds §17.462 to the Business & Commerce Code to prohibit florists from misrepresenting their physical locations in telephone and business directories.  For instance, if a florist advertises in a local telephone directory it either must be located in the locale or carry a disclaimer revealing its true location in the ad.  This act became effective on September 1, 2003.

SB 394            Relating to the Records Management Interagency Coordinating Council.
Sharpleigh        This act amends §441.203 of the Government Code to add to the Records Management Interagency Coordinating Council two information resource managers from state agencies and a professor “who has demonstrated knowledge of records and information management.”  This act became effective on September 1, 2003.

SB 443            Relating to access to criminal history record information concerning
Wentworth       volunteers with certain programs providing activities to children.  This act adds §411.1401 to the Government Code to permit non-profit organizations such as the YMCA and soccer leagues to obtain the criminal history information on volunteers to determine their suitability to work with children.  They may retain such files.  This act became effective on September 1, 2003.

SB 473             Relating to assisting consumers to prevent and detect identity theft.
Ellis                  This act amends  Chapters 20 and 35 of the Business & Commerce Code and Chapter 1701 of the Occupation Code to protect victims and those who believe that they may be victims of identity theft.  Persons may prohibit consumer reporting agencies from releasing information without their express permission.  It also prohibits non-governmental agencies from divulging  Social Security Numbers (SSN) and regulates the use of SSN’s by businesses.  This act became effective on September 1, 2003.

SB 494                Relating to information provided by certain health benefit plans through
Sharpleigh        the internet.  This act amends Article 3.70-3C and Chapters 842 and 843 of the Insurance Code to require that by January 1, 2004:

1.      Health insurers must post their quarterly updated list of preferred providers to their website;

2.      Group Hospital Service Corporations must post their annual list of physicians and health care providers to their websites; and

3.      Health Maintenance Organizations must post their quarterly list of physicians and providers to their websites. 

Only organizations with websites must comply with these laws.    This act became effective on September 1, 2003.

SB 519            Relating to the interagency exchange of information regarding certain
Duncan           offenders.  This act amends disparate sections of the Health & Safety, Government, and Occupation Codes as well as the Revised Civil Statutes to require criminal justice agencies to share health care information on inmates with one another.  Previously the statutes permitted the sharing of the information but changes were necessary because of complications caused by the privacy rules of the Health Information Portability and Accountability Act.  This act became effective on April 10, 2003.

SB 521            Relating to the regulation and acquisition of manufactured housing.
Staples             This 20+page act amends numerous portions of the Occupation, Property, Tax, and Transportation Codes as well as Vernon’s Civil Statutes pertaining to manufactured housing.  Many of the provisions relate to the content, processing, and format of the ownership documents, now called “Statement of Ownership and Location.”  Owners have the option of treating their property as real estate by filing the Statement of Ownership and Location in the Real Property Records maintained by the County Clerk or as Personal Property and by filing the Statement with the Texas Department of Housing & Community Affairs.   This act becomes effective on January 1, 2004.

SB 566            Relating to the duties of law enforcement regarding the misuse of a
West                person’s identity and to the person’s right to expunction of identifying information contained in certain records and files.  This act adds §2.28 and amends §§ 55.02 and 60.19 of the Code of Criminal Procedure and adds §493.0155 of the Government Code to require law enforcement agencies to notify persons whose identities are assumed by criminal suspects and to give to these victims of identity theft the right to have the relevant criminal records expunged of their identification.  This act became effective on September 1, 2003.

SB 567            Relating to access by certain hospitals and hospital districts to criminal
West                history record information.  This act amends §441.136 of the Government Code to give private non-public hospitals same access to the same criminal history information about employees or volunteers from the Department of Public Safety that public hospitals have.  This act became effective on September 1, 2003.

SB 579            Relating to the confidentiality of certain records in an adoption placement
Lindsay           by the Department of Protective and Regulatory Services.  This act adds §162.0065 and amends §261.201 of the Family Code to specify that the Department of Protective and Regulatory Services is not required to edit its records to protect the identities of birth parents provided that the adoptive parents already know their identities or they are available through other records.  This act became effective on September 1, 2003.

SB 602            Relating to access to criminal history information concerning employees
Ellis                  volunteers, and applicant volunteers of children’s advocacy centers.  This act amends §411.114 of the Government Code give the Department of Protective and Regulatory Services authority to obtain from the Department of Public Safety criminal history information on employees and volunteers of children’s advocacy centers.  This act became effective on September 1, 2003.

SB 611            Relating to printing a social security number on an identification card
Nelson             or other identification device.  This act adds §35.58 to the Business and Commerce Code to prohibit anyone from printing a social security number on an identification card necessary to obtain a product or service unless required by law or regulation.  A violation can result in a $500 civil penalty.  This act will become effective on March 1, 2005.

SB 641            Relating to presumptions for state land records.  This act adds  §18.033 to
West                the Civil Practice & Remedies Code to restore the presumption that the Texas Supreme Court removed in Kenedy Memorial Foundation et.al. v. State of Texas, et al. that the ancient records (e.g. surveys, maps, and property descriptions) prepared by public surveyors and filed with the General Land Office accurately describe the boundaries for lands fronting on the Gulf of Mexico.  This act became effective on September 1, 2003.

SB 653            Relating to the charges that may be imposed under the public information
Wentworth    law for providing a copy of public information.  This act amends §§552.261, 552.2615, and 552,269 of the Government Code to clarify that charges for fewer than 50 pages are to be calculated on the number of pages of the document being copied with no additional charges for labor, overhead, etc. and giving requesters 10 business (formerly calendar) days to respond before a request was considered withdrawn.  It also now provides that a request for information is not withdrawn if the requester submits a complaint to the Texas Building & Procurement Commission.  This act became effective on September 1, 2003.

SB 692            Relating to emergency medical services providers reporting certain
Madla              Information to the Texas Department of Health.  This act adds §773.0613 to the Health and Safety Code to require emergency medical service (EMS) providers to submit an annual report to the Texas Department of Health (TDH) stating the number and types of runs they make.  TDH will stipulate the form of the report and will summarize and post the non-confidential information on its internet site.  This act became effective on September 1, 2003.

SB 775            Relating to the use of TexasOnline by state agencies.  This act amends
Averitt              §§2054.111 and 2054.125 of and adds 2054.268 to the Government Code.  It clarifies that the on-line registration of a motor vehicle is to be considered a state (not a county) transaction and promotes e-government by requiring state agencies to include a TexasOnline link from their internet sites.  This act became effective on May 16, 2003.

SB 853            Relating to the disclosure of certain information by persons offering to
Madla              aid homeowners in obtaining property tax refunds.  This act amends §41.0051 of the Property Code to require individuals seeking a fee by mail or phone to obtain a tax refund for ad valorem property from a homeowner to inform the owner of the name and address of the governmental entity that owes the refund.   This act became effective on September 1, 2003.

SB 861            Relating to access to birth records under the public information law.  This
Janek               act amends §552.115 of the Government Code to change the period during which birth records are closed from 50 to 75 years.  It includes a provision allowing the Genealogical Society of Utah to retain and continue microfilming birth records that are 50 years old in accordance with an agreement with the State Library.  This act became effective on September 1, 2003.

SB 912            Relating to surplus and salvage computer equipment.  This act amends
Ratliff               §§2175.001, 2175.128, and 2175.304 of and adds 2175.306 to the Government Code to clarify that state agencies can donate surplus computer equipment to organizations like the Texas Department of Human Services’ Computers for Learning Program that refurbishes them and makes them available to low income students.  This act became effective on September 1, 2003.

SB 919            Relating to the kinds of mail service that may be used under the public
Whitmire       information law to send a notice or any other document to a person.  This act amends §552.308 to the Government Code to authorize public agencies to use private carriers (e.g. FedEx) when responding to freedom of information requests.  This act became effective on September 1, 2003.

SB 923            Relating to criminal history checks of certain employees and applicants
Zaffirini          for employment in nursing homes and to the period within which a nursing home may request certain criminal history checks.    This act amends §§250.003 and 250.006 of the Health & Safety Code to shorten the period with which nursing homes must obtain criminal history checks on staff from 72 to 24 hours and adds burglary as a disqualifying offense.  This act became effective on June 20, 2003.

SB 965            Relating to documentation in certain transactions involving a pawnbroker.
Averitt            This act amends  §§371.157 and 371.174 of the Finance Code to add the certificado de matricula issued by a Mexican Consulate to the identification documents that a pawnbroker may accept.  It also reduced the period for redeeming pawn from 61 to 31 days.  This act became effective on September 1, 2003.

SB 970            Relating to the sale of cacti; providing a penalty.  This act adds Chapter
Sharpleigh        122 to the Agriculture Code and amends §12.020 to require commercial harvesters of nine species of cacti to register each group of 25 or fewer plants with the Department of Agriculture with required documentation including written authorization from the land owners.  This act becomes effective on January 1, 2004.

SB 1000          Relating to a statistical or demographic analysis conducted by the Texas
West                Legislative Council for a state agency and to the information collected by the council in the course of performing the analysis.  This act adds §§552.112(c) and 323.020 to the Government Code authorizing the Texas Legislative Council to enter into contracts with other state agencies to conduct statistical and demographic research.  In addition to the usual provisions ensuring the confidentiality of information that identifies individuals it also makes confidential preliminary drafts, working papers, contracts and subcontracts, memoranda of understandings, internal correspondence, data, data files, computer programs, data use agreements, and data dictionaries.  The final report, however, is an open record—except for any portions that may identify an individual.  This act became effective on September 1, 2003.

SB 1012          Relating to electronic monitoring devices in the rooms of persons with
West                Alzheimer’s disease who are residents of assisted living facilities.  This act amends §247.003 of the Health & Safety Code to give residents and relatives of residents of assisted living facilities the same rights to have the rooms electronically monitored as nursing homes.  This act became effective on May 28, 2003.

SB 1015          Relating to the confidentiality of certain information submitted for
Wentworth       purposes of a crime victim impact statement.  This act adds §552.1325 to the Government Code and amends Article 56.32 to the Code of Criminal Procedure to make confidential portions of victim impact statements that contain personally identifiable information such as Social Security numbers, name, address, and telephone number.  Victims may also be reimbursed for travel expenses to attend an execution.  This act became effective on June 21, 2003.

SB 1050          Relating to the confidentiality of information associated with family
Nelson             violence centers.  This act amends §51.007 of the Human Resources Code to prohibit the Department of Human Services from disclosing information that would identify an individual or specific family violence center involved in a specific case or project.  This act became effective on May 28, 2003.

SB 1059          Relating to corporate ethics and integrity; providing penalties.  This act
Ellis                  amends Chapter 402 of and adds Chapter 2263 to the Government Code to enforce corporate and governmental ethics.  Among the provisions is the requirement for financial advisors to state agencies to disclose in writing to the agency head and the State Auditor any relationship they may have with a party involved in a transaction with the State or pecuniary interests in such transactions.  If there are no interests, a statement must be filed to that effect.  The statement is to be filed annually and whenever a relationship or interest occurs.  This act became effective on September 1, 2003.

HB 1074          Relating to reports and investigations of abuse and neglecting nursing
Bivins               facilities.  This act amends Chapter 242 of the Health & Safety Code and Article 2.27 of the Code of Criminal Procedure to strengthen requirements to investigate nursing home abuse.  One provision requires investigations in include photographs of reported injuries and requiring statement of the injured party (if possible) and any other resident witnesses.  It also relaxes the changes the confidentiality provisions to permit the release of relevant information to law enforcement agencies investigating the incident.  This act became effective on September 1, 2003.

SB 1129          Relating to the admissibility in a criminal proceeding of certain laboratory analyses of physical evidence or statements as to the chain of custody of physical evidence.  This act adds Articles 38.41 and 38.42 to the Code of Criminal Procedure to permit a court to accept a “Certificate of Analysis” and a “Chain of Custody Affidavit” in lieu of witness testimony from analysts employed by a law enforcement laboratory.  This act became effective on September 1, 2003.

SB 1136          Relating to access to certain private medical information.  This act makes
Nelson             numerous changes to Chapter 181 of the Health & Safety Code to conform with the Federal Health Insurance Portability and Accountability Act.  Among the provisions is to require covered entities to obtain clear and unambiguous written permission from subjects before engaging in marketing activities other than face-to-face communications, providing promotional gifts, or responding to an oral communication.  This act became effective on September 1, 2003.

SB 1151          Relating to the publication of state agency Internet addresses in telephone
Sharpleigh        directories.  This act  amends §55.203 of the Utility Code to require publishers of telephone directories to carry the Internet address of TexasOnline and a statement that Internet sites of state agencies may be obtained through it.  This act became effective on September 1, 2003.

SB 1152          Relating to the use of Texas OnLine.  This act makes numerous
Sharpleigh        amendments to Chapter 2054 of the Government Code and Chapter 32 of the Education Code to fine tune Texas OnLine—the three year old experiment in e-government.  It provides that fees governmental entities may charge for electronic transactions can cover all costs associated with the transaction except personnel costs; Texas OnLine has the first option on providing Internet services for state agencies; requires eight additional licensing agencies to participate; grants the department intellectual property rights, etc.  It also provides for an educational portal to provide administrative and educational services to school districts, teachers, students, and parents.  This act became effective on September 1, 2003.

SB 1388          Relating to disclosure under the public information law of certain
Armbrister        documents filed with a county clerk.  This act amends §§552.117 and 552.1175 of the Government Code to close loopholes that had given incarcerated criminals access to personal information on employees and former employees of the Texas Department of Criminal Justice.  This act became effective on  June 20, 2003.

SB 1389          Relating to livestock branding and identification.  This act amends
Duncan             Chapter 144 of the Agriculture Code to allow livestock owners to register  tattoos and electronic devices with the county clerk just as they are permitted to register brands and ear marks.  This act became effective on September 1, 2003.

SB 1445          Relating to electronically readable information on a driver’s license or
Averitt              personal identification certificate; providing penalties.  This act amends §521.126 of the Transportation Code to restrict access to the information on the magnetic strip of drivers licenses and identification certificates.  Generally only authorized officials or financial institutions verifying identification may read the strips and they may not compile their readings into commercial data bases.  This act became effective on September 1, 2003.

SB 1459          Relating to access to criminal history record information by a county fire
Lindsay            marshal.  This act adds §411.1237 to the Government Code to give county fire marshals access to criminal history information on applicants, employees, or members of volunteer fire departments and emergency medical service providers.  They can also share most information with the chief of the department or provider.  This act became effective on September 1, 2003.

SB 1477          Relating to the expunction of criminal records and to the duty of law
West                enforcement agencies regarding records associated with certain defendants receiving deferred adjudication.   This act amends Articles 55.01, 55.02, 55.03 of the Code of Criminal Procedure and Chapters 411 and 552 of the Government Code to fine tune and strengthen the law regulating the expunction of criminal records when a defendant successfully completes the terms required by court.  Among the provisions is a $500 penalty for private agencies releasing information subject to a court non-disclosure order.  This act became effective on September 1, 2003.

SB1559           Relating to the confidentiality of certain personal information filed with
Madla              the county clerk in the real property records.  This act amends §13.002 and adds §11.008 to the Property Code to permit persons filing deeds, deeds of trust or mortgages with the county clerk after January 1, 2004 to remove their Social Security or Drivers Licenses numbers from the instruments.  See also HB 2930).  This act became effective on September 1, 2003.

SB 1574          Relating to authorizing the Texas Workers’ Compensation Commission
Carona             and the Texas State Board of Medical Examiners to share information for investigative purposes.  This act amends Chapters 408 and 413 of the Labor Code to strengthen the ability of the Texas Workers’ Compensation Commission’s (TWCC) Medical Quality Review Panel to review doctors and insurance carriers and to take corrective action.   Among the provisions is one providing for greater access by TWCC to information from the Board of Medical Examiners and the Board of Chiropractic Examiners.  This act became effective on June 20, 2003.

SB 1581          Relating to providing than an audit working paper of a county auditor is
Wentworth       excepted from required public disclosure under the public information law.   On the theory that openness would allow miscreants to determine audit strategies and circumvent the auditor, this act amends §552.116 of the Government Code to shield audit working papers of both county and municipal auditors from required disclosure just as are the working papers of state auditors.  This act became effective on June 18, 2003.

SB 1603          Relating to charitable contributions by state employees to the General
Ellis                  Land Office’s Adopt-A-Map/Adopt-A-Document Program.  This act adds §31.0655 to the Natural Resources Code recognizing the General Land Office’s Adopt-A-Map/Adopt-A-Document Program as a charity to which state employees may have deductions made from their salaries.  This program seeks private donations to pay for the preservation of valuable documents in the General Land Office.  This act became effective on May 14, 2003.

SB 1614          Relating to imposing a civil penalty for violation of certain restrictions
Ellis                  relating to genetic information.  This act adds §21.403(e) to the Labor Code and §9032.3(e) to the Revised Statutes to authorize a $10,000 civil penalty to be imposed upon persons who divulge genetic information contrary to law.  This act became effective on June 20, 2003.

SB 1701          Relating to the Department of Information Resources’ management of
Wentworth       certain electronic and telecommunications projects.  This 10+ page bill makes numerous amendments to fine tune Chapter 2054 of the Government Code, the statue that establishes and regulates the Department of Information Resources (DIR).  Among other provisions are the establishment of a Quality Assurance Team, an increased emphasis on “return on investment” (a term inserted four times), and provisions for discontinuing poorly performing projects.  It also establishes a “State Data Center” at Angelo State University for state agencies to use for data center operations and to test disaster recovery plans and services.  This act became effective on September 1, 2003.

SB 1731          Relating to fees imposed by certain counties for the preservation,
Gallegos           restoration, and management of certain county records.  This act amends Chapter 118 of the Local Government Code to give to county clerks throughout the state the same authority that only border counties had to collect a “records archive fee” of not more than $5 on documents recorded or filed to be used for the preservation of  pre-1990 records.  The authority to collect the fee expires on September 1, 2008.  The fiscal note indicates that it has the potential to bring in $4.7 million dollars in Harris County alone.  This act became effective on September 1, 2003.

SB 1744          Relating to a fee for preserving vital statistics records.  This act amends
Zaffirini             §191.0045 of the Health & Safety Code to permit local registrars to charge an additional $1 fee for issuing a birth or death record to be used for the preservation of vital statistics records including birth, death, marriages, divorces, and annulments.  The fiscal note indicated that Ft. Bend County could collect $7,000 a year.  A peculiar thing about this act is the inclusion of divorces and annulments because they are district court records and only the very smallest counties (where one person serves as both county and district clerk) would the local registrar also have those records.  This act became effective on September 1, 2003.

SB 1764          Relating to releasing personal information for grave markers at TDMHMR
Deuell               cemeteries.  This act adds §§576.0055 and 595.0055 to the Health & Safety Code to give the Texas Department of Mental Health and Mental Retardation (TDMHMR) the authority to release to a cemetery association the name and dates of birth and death of deceased inmates of institutions run by TDMHMR.  This legislation was necessary to bypass the inadvertent consequences of privacy legislation that hindered replacing old grave markers that identified the deceased only as a number with ones with the traditional information found on gravestones.  This act became effective on May 28, 2003. 

Boiler Plate

The following bills contain “boiler plate” language authorizing a governmental entity to conduct its business utilizing electronic record keeping and/or communications.  The provisions are so perfunctory that only the title and caption is necessary.

SB 273            Relating to the continuation and functions of the Court Reporters
Sharpleigh     Certification Board; providing and administrative penalty.

SB 276            Relating to the continuation and functions of the Board of Tax
Lucio                Professional Examiners.

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