AUSTIN, Texas (AP) — Texas lawmakers worried about identity theft are trying to remove state employees' birth dates from public records — a move journalists and open records advocates say is unnecessary and will hamper government oversight.

A proposal by Rep. Helen Giddings, D-DeSoto, that would make the information private is scheduled for a public hearing Tuesday. A Senate version of the bill had a hearing earlier this month.

Those and at least two other bills filed in the Legislature this session could supersede a pending Texas Supreme Court case between The Dallas Morning News and the state comptroller's office.

In 2006 the comptroller's office filed a lawsuit asking that birth dates be ruled as personal information exempt from open records requests. That was after then-Comptroller Carole Keeton Strayhorn refused to include birth dates with employee payroll records requested by the Morning News. Past records have included the dates.

Current Comptroller Susan Combs has backed Strayhorn's decision as the case moved through the lower courts.

"The main date-of-birth problem we have is identity theft, and identity theft is one of the nation's fastest growing, most expensive criminal enterprises," said Allen Spelce, a spokesman for Combs.

Texas Attorney General Greg Abbott's office and lower courts said the information is public record.

A bill by Sen. Robert Duncan, R-Lubbock, was the first to pick up steam in the Legislature this year. His proposal would add dates of birth to the list of other information — such as addresses and social security numbers — exempt from open records requests.

Duncan did not return calls to The Associated Press for comment.

In a hearing on Duncan's bill earlier this month, journalists with the Morning News told senators that dates of birth are the major way they identify state employees during investigative reporting. Columnist Jennifer LaFleur said in cases where there are many people with the same name, dates of birth are the only way to match the correct person in the government with the correct person on criminal records.

"With all due respect, there are multiple Robert L. Duncans with criminal records in Texas. James Michael Jacksons, Christopher James Harrises — even a few Rick Perrys," LaFleur said, referring to several senators and the Texas governor.

Dates of birth have been used to find criminal records on employees with the Texas Youth Commission, Child Protective Services and local school districts. Reporters around the state said using the information helps them perform their watchdog role.

"We have a right to know exactly who our tax dollars are paying and what they are being paid to do, and we have to be able to differentiate among those individuals," said Joe Ellis, an investigative reporter with the Dallas Fox television affiliate.

Those who want the information blocked from public view say names and birth dates could allow thieves to pose as state employees and get other more damaging information.

But open government advocates say that the information is not a significant risk for identity theft, particularly financial fraud which relies on Social Security numbers and financial data.

Andy Homer, a lobbyist for the Texas Public Employees Association, said while the news media has used the records for good purposes, news organizations refuse to admit the danger created for state workers.

"That's exactly why it's so important to all the media folks — it is personally identifiable information. This has the potential and the reality to further financial fraud," Homer said.

Journalists and open records advocates say there have never been any reports of public record birth dates being used for identity theft.

"They have never been able to show an actual instance of someone using birth dates for identity theft," said Ken Whalen, a spokesman for the Texas Daily Newspaper Association. "I suppose it's possible ... but we're good stewards of the information when we get it."

Open records advocates also say many people's birth dates are public record, and hiding those of state employees would give them special protection.

Voter registration rolls — which are public record — include names and birth dates for all registered voters. A 2005 law prevents local officials from posting birth dates on their Web sites, but they can still be obtained with voter rolls for a fee or in person at a county office.

Duncan's bill remains pending in the Senate State Affairs Committee.

Whalen said members of the media met with Duncan last week to discuss possible compromises that might focus more on punishing identity theft than protecting birth dates.

Duncan's bill also asks the comptroller's office to study the information about public employees that is available to the public. The comptroller would then report to the Legislature in 2010 about whether the state should limit some of the information.