By: Wentworth S.R. No. 1297
1-10 NEGOTIATIONS INVOLVING THE STATE OR A POLITICAL SUBDIVISION.
1-11 (a) Information is excepted from the requirements of Section
1-12 552.021 if the attorney general or the attorney of the political
1-13 subdivision has determined that the information should be withheld
1-14 from public inspection, and it is information created:
1-15 (1) in anticipation of <relating to> litigation of a
1-16 civil or criminal nature <or settlement negotiations,> to which the
1-17 state or a political subdivision is or may be a party or to which
1-18 an officer or employee of the state or a political subdivision, as
1-19 a consequence of the person's office or employment, is or may be a
1-20 party; or <and>
1-21 (2) for the purpose of settlement negotiations to
1-22 which the state or a political subdivision is a party or to which
1-23 an officer or employee of the state or a political subdivision, as
1-24 a consequence of the person's office or employment, is a party
1-25 <that the attorney general or the attorney of the political
2-10 nature until the applicable statute of limitations has expired or
2-11 until the defendant has exhausted all appellate and postconviction
2-12 remedies in state and federal court.
2-13 (e) Information under this section includes the work product
2-14 of an attorney. Protection for the work product of an attorney
2-15 does not terminate on the conclusion of the litigation for which it
2-16 was created.
2-17 Explanation: This change is necessary to continue in effect
2-18 the current law regarding information related to litigation.
2-19 (2) Subdivisions (1) and (2), Senate Rule 12.03, are
2-20 suspended to permit the committee to change and omit text that is
2-21 not in disagreement so that Section 552.321, Government Code, may
2-22 be amended to read as follows:
2-23 Sec. 552.321. Suit for Writ of Mandamus. A requestor
2-24 þ-person requesting information> or the attorney general may file
2-25 suit for a writ of mandamus compelling a governmental body to make
2-26 information available for public inspection if the governmental
3-10 permit the committee to add text not in disagreement to Section
3-11 552.262, Government Code. The added text reads as follows:
3-12 (e) The rules of the General Services Commission do not
3-13 apply to a state governmental body that is not a state agency for
3-14 purposes of Subtitle D, Title 10.
3-15 Explanation: This change is necessary to allow legislative
3-16 entities to establish charges for the production of copies pursuant
3-17 to open records requests.
3-18 (4) Subdivision (4), Senate Rule 12.03, is suspended to
3-19 permit the committee to add text on a matter that is not included
3-20 in either the house or senate version of the bill by including an
3-21 amendment to Section 552.008, Government Code. The added text
3-22 reads as follows:
3-23 Sec. 552.008. INFORMATION FOR LEGISLATIVE PURPOSES. (a)
3-24 This chapter does not grant authority to withhold information from
3-25 individual members, agencies, or committees of the legislature to
3-26 use for legislative purposes.
4-10 law, does not waive or affect the confidentiality of the
4-11 information for purposes of state or federal law or waive the right
4-12 to assert exceptions to required disclosure of the information in
4-13 the future. The governmental body may require the requesting
4-14 individual member of the legislature, the requesting legislative
4-15 agency or committee, or the members or employees of the requesting
4-16 entity who will view or handle information that is received under
4-17 this section and that is confidential under law to sign a
4-18 confidentiality agreement that covers the information and requires
4-19 that:ää
4-20 (1) the information not be disclosed outside the
4-21 requesting entity, or within the requesting entity for purposes
4-22 other than the purpose for which it was received;
4-23 (2) the information be labeled as confidential;
4-24 (3) the information be kept securely; or
4-25 (4) the number of copies made of the information or
4-26 the notes taken from the information that implicate the
5-10 þ_(2) the procedures under which the information is
5-11 obtained under other law; or
5-12 (3) the use that may be made of the information
5-13 obtained under other law.
5-14 Explanation: This change is necessary to allow legislative
5-15 entities to receive confidential information from other
5-16 governmental bodies for legislative purposes while continuing to
5-17 protect the confidentiality of the information received.
5-18 ______________________________________
5-19 President of the Senate
5-20 I hereby certify that the above
5-21 Resolution was adopted by the Senate
5-22 on May 27, 1995, by the following
5-23 vote: Yeas 31, Nays 0.
5-24 ______________________________________
5-25 Secretary of the Senate