76R11918 JD-D                           
         By Hochberg                                            H.B. No. 211
         Substitute the following for H.B. No. 211:
         By Hochberg                                        C.S.H.B. No. 211
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to compliance by school districts and open-enrollment
 1-3     charter schools with the public information law and the open
 1-4     meetings law.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 12.105(b), Education Code, is amended to
 1-7     read as follows:
 1-8           (b)  The governing body of the school is considered a
 1-9     governmental body for purposes of Chapters 551 and 552, Government
1-10     Code.  Any requirement in those chapters relating to a school
1-11     district, school board, or school children applies to an
1-12     open-enrollment charter school and to children attending an
1-13     open-enrollment school.
1-14           SECTION 2.  Subchapter C, Chapter 552, Government Code, is
1-15     amended by adding Section 552.131 to read as follows:
1-16           Sec. 552.131.  EXCEPTION: CERTAIN INFORMATION HELD BY SCHOOL
1-17     DISTRICT.  (a)  Information held by a school district collected in
1-18     connection with an internal investigation conducted by the district
1-19     is excepted from the requirements of Section 552.021 to the extent
1-20     that the information names or otherwise identifies a student or
1-21     former student or an employee or former employee of the district.
1-22           (b)  Subsection (a) does not apply if:
1-23                 (1)  the student, former student, employee, or former
1-24     employee was the person on whom the internal investigation focused
 2-1     or whose conduct was at issue; or
 2-2                 (2)  the student or former student, or the parent,
 2-3     legal guardian, or spouse of the student or former student, or the
 2-4     employee or former employee consents to disclosure of the person's
 2-5     name.
 2-6           (c)  Information excepted under Subsection (a)  shall be made
 2-7     available to a law enforcement agency or prosecutor for official
 2-8     purposes on the request of the agency or prosecutor.
 2-9           (d)  This section does not infringe on or impair the
2-10     informer's privilege recognized and applied as making information
2-11     confidential under Section 552.108.
2-12           SECTION 3.  Subchapter H, Chapter 552, Government Code, is
2-13     amended by adding Section 552.3241 to read as follows:
2-14           Sec. 552.3241.  APPEAL BY SCHOOL DISTRICT OR OPEN-ENROLLMENT
2-15     CHARTER SCHOOL PROHIBITED.  Notwithstanding any other provision in
2-16     this chapter, a school district or an open-enrollment charter
2-17     school, or the officer for public information or other agent of the
2-18     district or school, may not file a suit challenging a decision of
2-19     the attorney general issued under Subchapter G or otherwise seeking
2-20     relief from compliance with the decision.
2-21           SECTION 4.  Section 552.3241, Government Code, as added by
2-22     this Act, applies only to a decision of the attorney general issued
2-23     on or after the effective date of this Act.
2-24           SECTION 5.  The importance of this legislation and the
2-25     crowded condition of the calendars in both houses create an
2-26     emergency and an imperative public necessity that the
2-27     constitutional rule requiring bills to be read on three several
 3-1     days in each house be suspended, and this rule is hereby suspended,
 3-2     and that this Act take effect and be in force from and after its
 3-3     passage, and it is so enacted.