By Jones of Bexar                                     H.B. No. 2749
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to confidentiality and disclosure prohibition of certain
 1-3     county records.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Title 6, Local Government Code, is amended by
 1-6     adding Chapter 206 to read as follows:
 1-7           Sec. 206.001.  DEFINITION. In this chapter:
 1-8           (a)  In this chapter, "communication" includes conversation,
 1-9     correspondence, and electronic communication.
1-10           (b)  "County Official" includes District Attorney, Criminal
1-11     District Attorney, County Attorney, County Clerk, County
1-12     Commissioner, County Judge, Constable, District Clerk, Sheriff,
1-13     County Treasurer and Tax Assessor Collector.
1-14           Sec. 206.002.  CONFIDENTIAL RECORDS. (a)  Records of a county
1-15     official that are composed exclusively of memoranda of
1-16     communications with residents of this state and of personal
1-17     information concerning the person communicating with the county
1-18     official are confidential.  However, the county official may
1-19     disclose all or a part of a record to which this subsection
1-20     applies, and that disclosure does not violate the law of this
1-21     state.
1-22           (b)  The method used to store or maintain a record covered by
 2-1     Subsection (a) does not affect the confidentiality of the record.
 2-2           Sec. 206.003.  PUBLIC DISCLOSURE PROHIBITED. (a)  To ensure
 2-3     the right of the citizens of this state to petition their
 2-4     government, as guaranteed by Article I, Section 27, of the Texas
 2-5     Constitution, by protecting the confidentiality of communications
 2-6     of citizens with a county official, the public disclosure of all or
 2-7     part of a written or otherwise recorded communication from a
 2-8     citizen of this state received by a county official in his official
 2-9     capacity is prohibited unless:
2-10                 (1)  the citizen expressly or by clear implication
2-11     authorizes the disclosure;
2-12                 (2)  the communication is of a type that is expressly
2-13     authorized by statute to be disclosed; or
2-14                 (3)  the official determines that the disclosure does
2-15     not constitute an unwarranted invasion of personal privacy of the
2-16     communicator or another person.
2-17           (b)  This section does not apply to a communication to a
2-18     county official from a public official or public employee acting in
2-19     an official capacity.
2-20           (c)  A county official may elect to disclose all or part of a
2-21     communication to which this section applies, and that disclosure
2-22     does not violate the law of this state.
2-23           SECTION 2.  This act takes effect September 1, 2001.