| (a) Information included in an annual report filed
under this chapter is public information and is not confidential unless
it is determined to be confidential under Texas Health and Safety
Code §161.354.
(b) Before releasing any information, the department
shall:
(1) submit the information to the attorney general
with a request that the attorney general make the determinations called
for under Texas Health and Safety Code §161.354(b) and (d), and
Texas Government Code §552.110;
(2) submit the information to the attorney general
in accordance with procedures set out in the Texas Government Code,
Chapter 552, and the attorney general's Public
Information Act Handbook ;
(3) contemporaneous with each submission under this
subsection, notify the person who submitted the information so that
person may exercise his or her rights under Texas Government Code §552.305;
and
(4) following an opinion from the attorney general
under this subsection, which would allow release of any information,
the submitter of the information shall be immediately notified, and
the department shall delay release for 30 days to allow:
(A) the department to make the determination called
for in Texas Health and Safety Code, §161.354(c); and
(B) the submitter of the information opportunity to
obtain judicial review of the attorney general's opinion.
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