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.