Tex. Gov't Code Section 825.507
Record Confidentiality


(a)

Records of a participant and information about the records of a participant that are in the custody of the retirement system or of an administrator, carrier, attorney, consultant, or governmental agency, including the comptroller, acting in cooperation with or on behalf of the retirement system are confidential and not subject to public disclosure. Because the records and information described by this section are exempt from the public access provisions of Chapter 552 (Public Information), the retirement system or an administering firm, carrier, attorney, consultant, or governmental agency, including the comptroller, acting in cooperation with or on behalf of the retirement system, is not required to accept or comply with a request for a record or information about a record or to seek an opinion from the attorney general, except as otherwise provided by this section.

(b)

The retirement system may release records of a participant, or information about the records of a participant, including a participant to which Chapter 803 (Proportionate Retirement Program) applies, to:

(1)

the participant or the participant’s attorney or guardian or another person who the executive director determines is acting on behalf of the participant;

(2)

the executor or administrator of the deceased participant’s estate, including information relating to the deceased participant’s beneficiary, or if an executor or administrator of the deceased participant’s estate has not been named, a person or entity who the executive director determines is acting in the interest of the deceased participant’s estate, or an heir, legatee, or devisee of the deceased participant;

(3)

a spouse or former spouse of the participant if 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 retirement system;

(4)

an administrator, carrier, consultant, attorney, or agent acting on behalf of the retirement system;

(5)

a governmental entity, an employer, or the designated agent of an employer, only to the extent the retirement system needs to share the information to perform the purposes of the retirement system, as determined by the executive director;

(6)

a person authorized by the participant in writing to receive the information;

(7)

a federal, state, or local criminal law enforcement agency that requests a record for a law enforcement purpose;

(8)

the attorney general to the extent necessary to enforce child support; or

(9)

a party in response to a subpoena issued under applicable law if the executive director determines that the participant will have a reasonable opportunity to contest the subpoena.

(c)

The records of a participant and information about the records remain confidential after release to a person as authorized by this section. This section does not prevent the retirement system or administering firm or carrier acting in cooperation with or on behalf of the retirement system from disclosing or confirming, on an individual basis, the status or identity of a participant as a member, former member, retiree, deceased member or retiree, beneficiary, or alternate payee of the retirement system.

(d)

The executive director may designate other employees of the retirement system to make the necessary determinations under this section. A determination and disclosure under this section may be made without notice to the participant.

(e)

The retirement system may make not more than two mailings a year on behalf of a nonprofit association of active or retired school employees, for purposes of association membership and research only, to persons identified in information contained in records that are in the custody of the retirement system. The nonprofit association requesting a mailing shall pay the expenses of the mailing.

(f)

This section does not authorize the retirement system to compile or disclose a list of participants’ names, addresses, including e-mail addresses, or social security numbers unless the executive director determines that a compilation or disclosure is necessary to administer the retirement system.

(g)

In this section, “participant” means a member, former member, retiree, annuitant, beneficiary, or alternate payee of the retirement system, or an employee or contractor of an employer covered by the retirement system for whom records were received by the retirement system for the purpose of administering the terms of the plan, including for audit or investigative purposes.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 11.05(j), eff. Aug. 26, 1991. Amended by Acts 1993, 73rd Leg., ch. 812, Sec. 29, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(97), eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1229, Sec. 18, 19 eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 34, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 455 (S.B. 1667), Sec. 19, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1078 (H.B. 3357), Sec. 16, eff. June 14, 2013.

Source: Section 825.507 — Record Confidentiality, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­825.­htm#825.­507 (accessed Jun. 5, 2024).

825.001
Composition of Board of Trustees
825.002
Trustees Appointed by Governor
825.003
Trustees Appointed by Governor from Nominees of Board of Education
825.004
Terms of Office
825.005
Oath of Office
825.006
Sunset Provision
825.007
Compensation
825.008
Voting
825.009
Leave for Member Trustees
825.010
Grounds for Removal of Trustee
825.0031
Nondiscrimination in Appointments
825.0032
Ineligibility for Board and of Certain Employees
825.0041
Board Member Training
825.101
General Administration
825.102
Rulemaking
825.103
Administering System Assets
825.104
Designation of Authority to Sign Vouchers
825.105
Adopting Rates and Tables
825.107
Records of Board of Trustees
825.108
Reports
825.109
Correction of Errors
825.110
Determination of Annual Compensation
825.111
Management Audit
825.112
Insurance
825.113
Miscellaneous Board Duties
825.114
Advisory Committees
825.115
Applicability of Certain Laws
825.201
Presiding Officer
825.202
Executive Director
825.203
Legal Representation
825.204
Medical Board
825.205
Other Physicians
825.206
Actuary
825.207
Comptroller
825.208
Compensation of Employees
825.210
Interest in Investment Profits Prohibited
825.212
Retirement System Ethics Policy
825.213
Employment Practices
825.214
Financial Auditor
825.215
Advocacy Prohibited
825.216
Ombudsman
825.301
Investment of Assets
825.302
Custody and Investment of Assets Pending Transactions
825.303
Securities Custody and Securities Lending
825.304
Nominee to Hold Securities
825.305
Available Cash
825.306
Crediting System Assets
825.307
Member Savings Account
825.308
State Contribution Account
825.309
Retired Reserve Account
825.311
Interest Account
825.312
Expense Account
825.313
Transfers from Interest Account
825.314
Use of State Contributions
825.315
Prohibited Use of Assets
825.402
Rate of Member Contributions
825.403
Collection of Member’s Contributions
825.404
Collection of State Contributions
825.405
Contributions Based on Compensation Above Statutory Minimum
825.406
Collection of Contributions from Federal or Private Sources
825.407
Collection of Contributions from Noneducational and General Funds
825.408
Interest on Contributions and Fees
825.409
Employer Pickup of Member Contributions
825.410
Payroll Deductions or Installment Payments for Special Service Credit
825.501
Statement of Amount in Individual Accounts
825.502
Payment of Contributions to a Member Absent from Service
825.503
Reproduction and Preservation of Records
825.504
Employer Certification to Board
825.505
Audits
825.506
Plan Qualification
825.507
Record Confidentiality
825.508
Powers of Attorney
825.509
Direct Rollovers
825.511
Complaint Files
825.513
Information for Publication
825.514
Historically Underutilized Business
825.515
Information About Member Positions
825.516
Nonprofit Association Dues
825.517
Excess Benefit Arrangement
825.519
Electronic Information
825.520
Immunity from Liability
825.521
Deadline to Appeal Administrative Decision
825.601
Outreach Plan
825.602
Retirement Benefits Counseling for Individuals
825.604
Information Provided to Members
825.1025
Negotiated Rulemaking
825.1085
Study and Report on Alternative Service Retirement Benefits for Peace Officers
825.3011
Certain Consultations Concerning Investments
825.3012
Investment in Certain Hedge Funds Limited
825.3013
Title-holding Entities
825.3014
Confidentiality of Records Related to Title-holding Entities
825.3021
Appraisal and Sale of Real Property
825.3121
Deferred Retirement Option Account
825.4035
Employer Contributions for Certain Employed Members
825.4041
Employer Payments
825.4071
Collection of Contributions from Employers that Are Public Junior Colleges or Public Junior College Districts
825.4092
Employer Contributions for Employed Retirees

Accessed:
Jun. 5, 2024

§ 825.507’s source at texas​.gov