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AN ACT
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relating to the requirements for and confidentiality of state |
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agency continuity of operations plans. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 412.011(f) and (g), Labor Code, are |
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amended to read as follows: |
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(f) The office shall work with each state agency to develop |
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an agency-level [business] continuity of operations plan under |
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Section 412.054. |
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(g) The office shall make available to each agency subject |
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to Section 412.054 guidelines and models for each element listed in |
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Section 412.054. The office shall assist the agency as necessary |
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to ensure that: |
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(1) agency staff understands each element of the |
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[business] continuity of operations plan developed under Section |
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412.054; and |
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(2) each agency provides training and conducts testing |
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and exercises that prepare the agency for implementing [practices
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implementation of] the plan. |
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SECTION 2. Section 412.0128, Labor Code, is amended to read |
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as follows: |
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Sec. 412.0128. CONFIDENTIALITY OF INFORMATION. (a) |
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Information in or derived from a workers' compensation claim file |
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regarding an employee, and information in or derived from a risk |
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management review related to facility security or continuity of |
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operations [of the Texas military forces], is confidential and is |
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exempt from disclosure under Chapter 552, Government Code, and may |
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not be disclosed by the office except as provided by Subsection (b), |
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other provisions of this subchapter, or other law. Classified or |
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sensitive information [of the Texas military forces] specifically |
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preempted from disclosure by federal law retains the |
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confidentiality protection provided by this section for all |
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purposes, including disclosure to the office. |
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(b) Forms, standards, and other instructional, |
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informational, or planning materials adopted by the office to |
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provide guidance or assistance to a state agency in developing a |
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continuity of operations plan under Section 412.054 are public |
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information subject to disclosure under Chapter 552, Government |
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Code. |
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SECTION 3. Section 412.032, Labor Code, is amended to read |
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as follows: |
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Sec. 412.032. BOARD'S REPORT TO LEGISLATURE. (a) Based on |
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the recommendations of the director, the board shall report to each |
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legislature relating to: |
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(1) methods to reduce the exposure of state agencies |
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to the risks of property and liability losses, including workers' |
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compensation losses; |
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(2) the operation, financing, and management of those |
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risks; |
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(3) the handling of claims brought against the state; |
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(4) return-to-work outcomes under Section 412.0126 |
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for each state agency; and |
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(5) the [business] continuity of operations plan |
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developed by state agencies under Section 412.054. |
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(b) The report must include: |
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(1) the frequency, severity, and aggregate amount of |
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open and closed claims in the preceding biennium by category of |
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risk, including final judgments; |
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(2) the identification of each state agency that has |
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not complied with the risk management guidelines and reporting |
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requirements of this chapter; |
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(3) recommendations for the coordination and |
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administration of a comprehensive risk management program to serve |
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all state agencies, including recommendations for any necessary |
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statutory changes; |
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(4) a report of outcomes by state agency of lost time |
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due to employee injury and return-to-work programs based on the |
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information collected and analyzed by the office in Section |
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412.0126; and |
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(5) an evaluation of [business] continuity of |
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operations plans developed by state agencies under Section 412.054 |
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for completeness and viability. |
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SECTION 4. Section 412.054, Labor Code, is amended to read |
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as follows: |
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Sec. 412.054. [BUSINESS] CONTINUITY OF OPERATIONS |
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PLAN. (a) Each state agency shall work with the office to develop |
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an agency-level [business] continuity of operations plan that |
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outlines procedures to keep the agency operational in case of |
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disruptions to production, finance, administration, or other |
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essential operations. The plan must include detailed information |
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regarding resumption of essential services after a catastrophe, |
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including: |
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(1) coordination with public authorities; |
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(2) management of media; |
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(3) customer service delivery; |
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(4) assessing immediate financial and operational |
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needs; and |
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(5) other services as determined by the office. |
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(b) A [business] continuity of operations plan that meets |
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[is considered to meet] the requirements of this section must be |
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submitted by each state [if the agency forwards the plan to the
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office for review and the] agency that is: |
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(1) involved in the delivery of emergency services as |
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a member of the governor's Emergency Management Council; [or] |
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(2) part of the State Data Center program; or |
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(3) subject to this chapter or Chapter 501. |
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(c) Except as otherwise provided by this section, the |
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following information is confidential and is exempt from disclosure |
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under Chapter 552, Government Code: |
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(1) a continuity of operations plan developed under |
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this section; and |
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(2) any records written, produced, collected, |
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assembled, or maintained as part of the development or review of a |
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continuity of operations plan under this section. |
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(d) Forms, standards, and other instructional, |
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informational, or planning materials adopted by the office to |
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provide guidance or assistance to a state agency in developing a |
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continuity of operations plan under this section are public |
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information subject to disclosure under Chapter 552, Government |
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Code. |
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(e) A state agency may disclose or make available |
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information that is confidential under this section to another |
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state agency, a governmental body, or a federal agency. |
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(f) Disclosing information to another state agency, a |
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governmental body, or a federal agency under this section does not |
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waive or affect the confidentiality of that information. |
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SECTION 5. Subchapter C, Chapter 552, Government Code, is |
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amended by adding Section 552.156 to read as follows: |
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Sec. 552.156. EXCEPTION: CONFIDENTIALITY OF CONTINUITY OF |
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OPERATIONS PLAN. (a) Except as otherwise provided by this section, |
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the following information is excepted from disclosure under this |
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chapter: |
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(1) a continuity of operations plan developed under |
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Section 412.054, Labor Code; and |
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(2) all records written, produced, collected, |
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assembled, or maintained as part of the development or review of a |
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continuity of operations plan developed under Section 412.054, |
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Labor Code. |
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(b) Forms, standards, and other instructional, |
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informational, or planning materials adopted by the office to |
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provide guidance or assistance to a state agency in developing a |
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continuity of operations plan under Section 412.054, Labor Code, |
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are public information subject to disclosure under this chapter. |
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(c) A governmental body may disclose or make available |
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information that is confidential under this section to another |
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governmental body or a federal agency. |
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(d) Disclosing information to another governmental body or |
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a federal agency under this section does not waive or affect the |
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confidentiality of that information. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1832 was passed by the House on April |
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30, 2015, by the following vote: Yeas 138, Nays 1, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1832 on May 28, 2015, by the following vote: Yeas 144, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1832 was passed by the Senate, with |
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amendments, on May 26, 2015, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |