Sec. 865.019. CONFIDENTIALITY OF INFORMATION ABOUT MEMBERS, RETIREES, AND BENEFICIARIES. (a) Information contained in records that are in the custody of the pension system concerning an individual member, retiree, or beneficiary is confidential under Section 552.101 and may not be disclosed in a form identifiable with a specific individual unless:
(1) the information is disclosed to:
(A) the individual or the individual's attorney, guardian, executor, administrator, conservator, or other person who the executive director determines is acting in the interest of the individual or the individual's estate;
(B) a spouse or former spouse of the individual after the executive director determines that the information is relevant to the spouse's or former spouse's interest in member accounts, benefits, or other amounts payable by the pension system;
(C) a governmental official or employee after the executive director determines that disclosure of the information requested is reasonably necessary to the performance of the duties of the official or employee; or
(D) a person authorized by the individual in writing to receive the information; or
(2) the information is disclosed under a subpoena and the executive director determines that the individual will have a reasonable opportunity to contest the subpoena.
(b) This section does not prevent the disclosure of the status or identity of an individual as a member, former member, retiree, deceased member or retiree, or beneficiary of the pension system.
(c) The executive director may designate other employees of the pension system to make the necessary determinations under Subsection (a).
(d) A determination and disclosure under Subsection (a) may be made without notice to the individual member, retiree, or beneficiary.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.21, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 36, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 37, eff. September 1, 2019.
Structure Texas Statutes
Title 8 - Public Retirement Systems
Subtitle H - Texas Emergency Services Retirement System
Section 865.001. Composition of State Board
Section 865.0011. Sunset Review
Section 865.002. Ineligibility of Certain Employees for State Board
Section 865.003. Compensation; Expenses
Section 865.0035. State Board Member Training
Section 865.005. Grounds for Removal of Trustees
Section 865.006. General Duties of State Board
Section 865.0061. Written Policy on Managing and Administering Contracts
Section 865.007. Administering System Assets
Section 865.008. Investment of Assets
Section 865.0095. Executive Director
Section 865.010. Executive Director's Duties
Section 865.011. Records and Reports
Section 865.0115. Participating Department Head
Section 865.0116. Participating Department Head's Duties
Section 865.0121. Delegation of Local Board Duties
Section 865.013. Monitoring of Contribution Submission
Section 865.014. Local Contributions
Section 865.015. State Contributions
Section 865.016. Administrative Penalty
Section 865.017. Interruption of Payments
Section 865.018. Certification of Fund
Section 865.019. Confidentiality of Information About Members, Retirees, and Beneficiaries