By: Merritt H.B. No. 4037
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the confidentiality of information related to certified
  handgun instructors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.192, Government Code, is amended to
  read as follows:
         Sec. 411.192.  CONFIDENTIALITY OF RECORDS. (a)  The
  department shall disclose to a criminal justice agency information
  contained in its files and records regarding whether a named
  individual or any individual named in a specified list is licensed
  under this subchapter.  Information on an individual subject to
  disclosure under this section includes the individual's name, date
  of birth, gender, race, [and] zip code, phone number, and e-mail and
  website address.  Except as otherwise provided by this section and
  by Section 411.193, all other records maintained under this
  subchapter are confidential and are not subject to mandatory
  disclosure under the open records law, Chapter 552.
         (b)  An applicant or license holder may be furnished a copy
  of disclosable records regarding the applicant or license holder on
  request and the payment of a reasonable fee.
         (c)  The department shall notify a license holder of any
  request that is made for information relating to the license holder
  under this section and provide the name of the agency making the
  request.
         (d)  The [This section does not prohibit the] department
  shall make and distribute [from making public and distributing] to
  the public at no cost lists of individuals who are certified as
  qualified handgun instructors by the department.  This list of
  certified handgun instructors shall include the individual's name,
  phone number, e-mail, and website and be made available on the
  department's website on or before June 1, 2010.
         (e)  If an individual whose information is subject to
  disclosure under Subsection (d) submits a written request to the
  department that all or part of his or her information not be made
  available to the public, the department shall remove that
  individual's information from the list, in all or part, as
  requested.
         SECTION 2.  EFFECTIVE DATE.  This Act takes effect
  immediately if it receives a vote of two-thirds of all the members
  elected to each house, as provided by Section 39, Article III, Texas
  Constitution.  If this Act does not receive the vote necessary for
  immediate effect, this Act takes effect September 1, 2009.