SENSITIVE INFORMATION PROVIDED BY PRIVATE ORGANIZATIONS

(a) If in performing any duty or exercising any authority under this subchapter the division or a work group or task force of the division is provided information by a private organization that the private organization considers highly sensitive, proprietary, or otherwise confidential and the private organization notifies in writing the division, work group, or task force of that fact: (1) the information is not public information for purposes of Chapter 552, and is excepted from the requirements of Section 552.021; and (2) the division or applicable work group or task force: (A) shall secure the information in the same manner as the private organization secures the information; and (B) may not further disclose the information without the consent of the private organization. (b) If the division or a work group or task force of the division is required to disclose information described by Subsection (a) to comply with applicable state or federal law or a court order, the division or applicable work group or task force shall to the extent practicable: (1) not later than the fifth business day before the date the information is disclosed, notify the private organization that provided the information of the required disclosure; and (2) disclose the information in the same condition as the division or applicable work group or task force received the information, including providing any labels or other markings that were originally provided with the information.