Public Information Act - Texas Tech University

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Exceptions to Disclosure UU. Section 552.1425: Civil Penalty: Dissemination of Certain Criminal History Information The Eighty-second Legislature amended section 552.1425 of the Government Code to provide as follows: (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 has been issued under Section 411.081(d). 711 (b) (c) (d) 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. The attorney general or an appropriate prosecuting attorney may sue to collect a civil penalty under this section. A civil penalty collected under this section shall be deposited in the state treasury to the credit of the general revenue fund. There are no cases or formal opinions interpreting this exception. VV. Section 552.143: Confidentiality of Certain Investment Information Section 552.143 of the Government Code provides as follows: (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) (c) 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). 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) 711 nd Act of May 27, 2011, 82 Leg., R.S., H.B. 961, § 11 (to be codified as an amendment to Gov’t Code § 552.1425(a)). 2012 Public Information Handbook • Office of the Attorney General 159
Exceptions to Disclosure 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). (f) This section does not apply to the Texas Mutual Insurance Company or a successor to the company. There are no cases or formal opinions interpreting this exception. Section 552.0225 makes public certain investment information. The attorney general has determined in an informal letter ruling that section 552.143 is subject to the public disclosure requirements of section 552.0225. 712 WW. Section 552.144: Working Papers and Electronic Communications of Administrative Law Judges at State Office of Administrative Hearings Section 552.144 of the Government Code provides as follows: 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. 712 Open Records Letter No. 2005-6095 (2005). 2012 Public Information Handbook • Office of the Attorney General 160
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185, 235, 236 552.102..............
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1 T.A.C. § 70.3(i)................
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Appendix A (4) The judicial records
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Subject Index 9-1-1 call, 72, 105 a
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entities subject to the Act, 1, 7-1
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