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.