State Codes and Statutes

Statutes > Texas > Government-code > Title-5-open-government-ethics > Chapter-555-state-agency-records-relating-to-license-holders-or-other-regulated-persons

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 555. STATE AGENCY RECORDS RELATING TO LICENSE HOLDERS OR

OTHER REGULATED PERSONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

State Codes and Statutes

Statutes > Texas > Government-code > Title-5-open-government-ethics > Chapter-555-state-agency-records-relating-to-license-holders-or-other-regulated-persons

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 555. STATE AGENCY RECORDS RELATING TO LICENSE HOLDERS OR

OTHER REGULATED PERSONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Government-code > Title-5-open-government-ethics > Chapter-555-state-agency-records-relating-to-license-holders-or-other-regulated-persons

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 555. STATE AGENCY RECORDS RELATING TO LICENSE HOLDERS OR

OTHER REGULATED PERSONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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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