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.