H.R. No. 1212
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 74th Legislature, Regular Session, 1995, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on House Bill No. 1718 to consider and
1-6 take action on the following matters:
1-7 (1) House Rule 13, Section 9(a)(2), is suspended to permit
1-8 the committee to omit text that is not in disagreement in Section
1-9 552.103, Government Code. The omitted text reads:
1-10 Sec. 552.103. EXCEPTION: LITIGATION OR SETTLEMENT
1-11 NEGOTIATIONS INVOLVING THE STATE OR A POLITICAL SUBDIVISION. (a)
1-12 Information is excepted from the requirements of Section 552.021 if
1-13 the attorney general or the attorney of the political subdivision
1-14 has determined that the information should be withheld from public
1-15 inspection, and it is information created:
1-16 (1) in anticipation of <relating to> litigation of a
1-17 civil or criminal nature <or settlement negotiations,> to which the
1-18 state or a political subdivision is or may be a party or to which
1-19 an officer or employee of the state or a political subdivision, as
1-20 a consequence of the person's office or employment, is or may be a
1-21 party; or <and>
1-22 (2) for the purpose of settlement negotiations to
1-23 which the state or a political subdivision is a party or to which
2-1 an officer or employee of the state or a political subdivision, as
2-2 a consequence of the person's office or employment, is a party
2-3 <that the attorney general or the attorney of the political
2-4 subdivision has determined should be withheld from public
2-5 inspection>.
2-6 (b) A determination by the attorney of the political
2-7 subdivision that the information should be withheld from public
2-8 inspection does not relieve the political subdivision of its
2-9 obligation to seek an attorney general decision under Section
2-10 552.301.
2-11 (c) For purposes of this section, the state or a political
2-12 subdivision is considered to be a party to litigation of a criminal
2-13 nature until the applicable statute of limitations has expired or
2-14 until the defendant has exhausted all appellate and postconviction
2-15 remedies in state and federal court.
2-16 (e) Information under this section includes the work product
2-17 of an attorney. Protection for the work product of an attorney
2-18 does not terminate on the conclusion of the litigation for which it
2-19 was created.
2-20 Explanation: This change is necessary to continue in effect
2-21 the current law regarding information related to litigation.
2-22 (2) House Rule 13, Sections 9(a)(1) and (2), are suspended
2-23 to permit the committee to change and omit text that is not in
2-24 disagreement so that Section 552.321, Government Code, may be
2-25 amended to read as follows:
3-1 Sec. 552.321. Suit for Writ of Mandamus. A requestor
3-2 <person requesting information> or the attorney general may file
3-3 suit for a writ of mandamus compelling a governmental body to make
3-4 information available for public inspection if the governmental
3-5 body refuses to request an attorney general's decision as provided
3-6 by Subchapter G or refuses to supply public information or
3-7 information that the attorney general has determined is <a> public
3-8 information <record>.
3-9 Explanation: This change is necessary to continue in effect
3-10 the current law regarding suits to make information available
3-11 through a writ of mandamus and omit unnecessary proposed
3-12 procedures.
3-13 (3) House Rule 13, Section 9(a)(3), is suspended to permit
3-14 the committee to add text not in disagreement to Section 552.262,
3-15 Government Code. The added text reads as follows:
3-16 (e) The rules of the General Services Commission do not
3-17 apply to a state governmental body that is not a state agency for
3-18 purposes of Subtitle D, Title 10.
3-19 Explanation: This change is necessary to allow legislative
3-20 entities to establish charges for the production of copies pursuant
3-21 to open records requests.
3-22 (4) House Rule 13, Section 9(a)(4), is suspended to permit
3-23 the committee to add text on a matter that is not included in
3-24 either the house or senate version of the bill by including an
3-25 amendment to Section 552.008, Government Code. The added text
4-1 reads as follows:
4-2 Sec. 552.008. INFORMATION FOR LEGISLATIVE PURPOSES. (a)
4-3 This chapter does not grant authority to withhold information from
4-4 individual members, agencies, or committees of the legislature to
4-5 use for legislative purposes.
4-6 (b) A governmental body on request by an individual member,
4-7 agency, or committee of the legislature shall provide public
4-8 information, including confidential information, to the requesting
4-9 member, agency, or committee for inspection or duplication in
4-10 accordance with this chapter if the requesting member, agency, or
4-11 committee states that the public information is requested under
4-12 this chapter for legislative purposes. A governmental body, by
4-13 providing public information under this section that is
4-14 confidential or otherwise excepted from required disclosure under
4-15 law, does not waive or affect the confidentiality of the
4-16 information for purposes of state or federal law or waive the right
4-17 to assert exceptions to required disclosure of the information in
4-18 the future. The governmental body may require the requesting
4-19 individual member of the legislature, the requesting legislative
4-20 agency or committee, or the members or employees of the requesting
4-21 entity who will view or handle information that is received under
4-22 this section and that is confidential under law to sign a
4-23 confidentiality agreement that covers the information and requires
4-24 that:
4-25 (1) the information not be disclosed outside the
5-1 requesting entity, or within the requesting entity for purposes
5-2 other than the purpose for which it was received;
5-3 (2) the information be labeled as confidential;
5-4 (3) the information be kept securely; or
5-5 (4) the number of copies made of the information or
5-6 the notes taken from the information that implicate the
5-7 confidential nature of the information be controlled, with all
5-8 copies or notes that are not destroyed or returned to the
5-9 governmental body remaining confidential and subject to the
5-10 confidentiality agreement.
5-11 (c) This section does not affect:
5-12 (1) the right of an individual member, agency, or
5-13 committee of the legislature to obtain information from a
5-14 governmental body under other law, including under the rules of
5-15 either house of the legislature;
5-16 (2) the procedures under which the information is
5-17 obtained under other law; or
5-18 (3) the use that may be made of the information
5-19 obtained under other law.
5-20 Explanation: This change is necessary to allow legislative
5-21 entities to receive confidential information from other
5-22 governmental bodies for legislative purposes while continuing to
5-23 protect the confidentiality of the information received.