Tex. Health and Safety Code § 101A.310
This is the official text of Tex. Health and Safety Code § 101A.310, part of Texas’s Health and Safety Code — covers public health and safety regulation.
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§ 101A.310. PUBLIC INFORMATION; CONFIDENTIAL INFORMATION.
Official statutory text
(a) The following information is public information and may be disclosed under Chapter 552, Government Code:
(1) a grant applicant's name and address;
(2) the amount of money requested in an applicant's grant proposal;
(3) the type of research on dementia, Alzheimer's disease, Parkinson's disease, or related disorders to be addressed under a grant proposal; and
(4) any other information the institute designates with the consent of a grant applicant.
(b) To protect the actual or potential value of information submitted to the institute by an applicant for or recipient of a grant under this chapter, the following information submitted by the applicant or recipient is confidential and is not subject to disclosure under Chapter 552, Government Code, or any other law:
(1) all information, other than the information described under Subsection (a), contained in a grant application, peer review evaluation, award contract, or progress report relating to a product, device, or process, the application or use of the product, device, or process, and all technological and scientific information, including computer programs, developed wholly or partly by the applicant or recipient, regardless of whether patentable or capable of being registered under copyright or trademark laws, that has a potential for being sold, traded, or licensed for a fee; and
(2) the plans, specifications, blueprints, and designs, including related proprietary information, of a scientific research and development facility.
(c) The following information is confidential and not subject to disclosure under Chapter 552, Government Code:
(1) information that directly or indirectly reveals the identity of an individual who reports fraud, waste, or abuse of state resources to the institute's compliance program office, seeks guidance from the office, or participates in an investigation conducted under the compliance program;
(2) information that directly or indirectly reveals the identity of an individual who is alleged to have or may have planned, initiated, or participated in activities specified in a report submitted to the office if, after completing an investigation, the office determines the report to be unsubstantiated or without merit; and
(3) other information collected or produced in a compliance program investigation if releasing the information would interfere with an ongoing compliance investigation.
(d) Subsection (c) does not apply to information related to an individual who consents to the information's disclosure.
(e) Information made confidential or excepted from public disclosure by this section may be made available, on request and in compliance with applicable laws and procedures, to the following:
(1) a law enforcement agency or prosecutor;
(2) a governmental agency responsible for investigating the matter specified in a compliance report, including the Texas Workforce Commission civil rights division or the Equal Employment Opportunity Commission; or
(3) a committee member or institute employee who is responsible under institutional policy for a compliance program investigation or for a review of a compliance program investigation.
(f) A disclosure under Subsection (e) is not a voluntary disclosure for purposes of Section 552.007, Government Code.
(g) The institute shall post on the institute's Internet website records that pertain specifically to any gift, grant, or other consideration provided to the institute, an institute employee, or an oversight committee member, in the employee's or member's official capacity. The posted information must include each donor's name and the amount and date of the donor's donation.
(1) a grant applicant's name and address;
(2) the amount of money requested in an applicant's grant proposal;
(3) the type of research on dementia, Alzheimer's disease, Parkinson's disease, or related disorders to be addressed under a grant proposal; and
(4) any other information the institute designates with the consent of a grant applicant.
(b) To protect the actual or potential value of information submitted to the institute by an applicant for or recipient of a grant under this chapter, the following information submitted by the applicant or recipient is confidential and is not subject to disclosure under Chapter 552, Government Code, or any other law:
(1) all information, other than the information described under Subsection (a), contained in a grant application, peer review evaluation, award contract, or progress report relating to a product, device, or process, the application or use of the product, device, or process, and all technological and scientific information, including computer programs, developed wholly or partly by the applicant or recipient, regardless of whether patentable or capable of being registered under copyright or trademark laws, that has a potential for being sold, traded, or licensed for a fee; and
(2) the plans, specifications, blueprints, and designs, including related proprietary information, of a scientific research and development facility.
(c) The following information is confidential and not subject to disclosure under Chapter 552, Government Code:
(1) information that directly or indirectly reveals the identity of an individual who reports fraud, waste, or abuse of state resources to the institute's compliance program office, seeks guidance from the office, or participates in an investigation conducted under the compliance program;
(2) information that directly or indirectly reveals the identity of an individual who is alleged to have or may have planned, initiated, or participated in activities specified in a report submitted to the office if, after completing an investigation, the office determines the report to be unsubstantiated or without merit; and
(3) other information collected or produced in a compliance program investigation if releasing the information would interfere with an ongoing compliance investigation.
(d) Subsection (c) does not apply to information related to an individual who consents to the information's disclosure.
(e) Information made confidential or excepted from public disclosure by this section may be made available, on request and in compliance with applicable laws and procedures, to the following:
(1) a law enforcement agency or prosecutor;
(2) a governmental agency responsible for investigating the matter specified in a compliance report, including the Texas Workforce Commission civil rights division or the Equal Employment Opportunity Commission; or
(3) a committee member or institute employee who is responsible under institutional policy for a compliance program investigation or for a review of a compliance program investigation.
(f) A disclosure under Subsection (e) is not a voluntary disclosure for purposes of Section 552.007, Government Code.
(g) The institute shall post on the institute's Internet website records that pertain specifically to any gift, grant, or other consideration provided to the institute, an institute employee, or an oversight committee member, in the employee's or member's official capacity. The posted information must include each donor's name and the amount and date of the donor's donation.
Status: in_force · Read it on the official government site
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