By: Wentworth S.B. No. 1182
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to categories of information that are presumed to be
1-3 available to the public under the public information law.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 552.022, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 552.022. CERTAIN CATEGORIES OF PUBLIC INFORMATION[;
1-8 EXAMPLES]. (a) Without limiting the amount or kind of information
1-9 that is public information under this chapter, the following
1-10 categories of information are public information and not excepted
1-11 from required disclosure under this chapter unless they are
1-12 expressly confidential under [other] law:
1-13 (1) a completed report, audit, evaluation, or
1-14 investigation made of, for, or by a governmental body, except:
1-15 (A) as provided by Section 552.103, 552.107, or
1-16 552.108; or
1-17 (B) to the extent the report, audit, evaluation,
1-18 or investigation contains attorney work product excepted from
1-19 required disclosure under Section 552.111;
1-20 (2) the name, sex, ethnicity, salary, title, and dates
1-21 of employment of each employee and officer of a governmental body;
1-22 (3) information in an account, voucher, or contract
1-23 relating to the receipt or expenditure of public or other funds by
1-24 a governmental body;
1-25 (4) the name of each official and the final record of
2-1 voting on all proceedings in a governmental body;
2-2 (5) all working papers, research material, and
2-3 information used to estimate the need for or expenditure of public
2-4 funds or taxes by a governmental body, on completion of the
2-5 estimate;
2-6 (6) the name, place of business, and the name of the
2-7 municipality to which local sales and use taxes are credited, if
2-8 any, for the named person, of a person reporting or paying sales
2-9 and use taxes under Chapter 151, Tax Code;
2-10 (7) a description of an agency's central and field
2-11 organizations, including:
2-12 (A) the established places at which the public
2-13 may obtain information, submit information or requests, or obtain
2-14 decisions;
2-15 (B) the employees from whom the public may
2-16 obtain information, submit information or requests, or obtain
2-17 decisions;
2-18 (C) in the case of a uniformed service, the
2-19 members from whom the public may obtain information, submit
2-20 information or requests, or obtain decisions; and
2-21 (D) the methods by which the public may obtain
2-22 information, submit information or requests, or obtain decisions;
2-23 (8) a statement of the general course and method by
2-24 which an agency's functions are channeled and determined, including
2-25 the nature and requirements of all formal and informal policies and
2-26 procedures;
3-1 (9) a rule of procedure, a description of forms
3-2 available or the places at which forms may be obtained, and
3-3 instructions relating to the scope and content of all papers,
3-4 reports, or examinations;
3-5 (10) a substantive rule of general applicability
3-6 adopted or issued by an agency as authorized by law, and a
3-7 statement of general policy or interpretation of general
3-8 applicability formulated and adopted by an agency;
3-9 (11) each amendment, revision, or repeal of
3-10 information described by Subdivisions (7)-(10);
3-11 (12) final opinions, including concurring and
3-12 dissenting opinions, and orders issued in the adjudication of
3-13 cases;
3-14 (13) a policy statement or interpretation that has
3-15 been adopted or issued by an agency;
3-16 (14) administrative staff manuals and instructions to
3-17 staff that affect a member of the public;
3-18 (15) information regarded as open to the public under
3-19 an agency's policies;
3-20 (16) information that is in a bill for attorney's fees
3-21 and that is not privileged under the attorney-client privilege
3-22 under Section 552.107;
3-23 (17) information that is also contained in a public
3-24 court record; and
3-25 (18) a settlement agreement to which a governmental
3-26 body is a party.
4-1 (b) A court [in this state] may not order a governmental
4-2 body or an officer for public information to withhold from public
4-3 inspection any category of public information described by
4-4 Subsection (a) or to not produce the category of public information
4-5 for inspection or duplication, unless the category of information
4-6 is expressly made confidential under [other] law.
4-7 (c) For purposes of this chapter:
4-8 (1) the Texas Rules of Civil Procedure, the Texas
4-9 Rules of Evidence, and the Texas Disciplinary Rules of Professional
4-10 Conduct are not considered to be law that expressly makes
4-11 information confidential; and
4-12 (2) a state agency rule is considered to be law that
4-13 expressly makes information confidential only if the agency has
4-14 specific statutory authority to make the information confidential
4-15 by rule.
4-16 SECTION 2. Section 552.104, Government Code, is amended to
4-17 read as follows:
4-18 Sec. 552.104. EXCEPTION: INFORMATION RELATED TO COMPETITION
4-19 OR BIDDING. (a) Information is excepted from the requirements of
4-20 Section 552.021 if it is information that, if released, would give
4-21 advantage to a competitor or bidder.
4-22 (b) The requirement of Section 552.022 that a category of
4-23 information listed under Section 552.022(a) is public information
4-24 and not excepted from required disclosure under this chapter unless
4-25 expressly confidential under law does not apply to information that
4-26 is excepted from required disclosure under this section.
5-1 SECTION 3. Section 552.131, Government Code, as added by
5-2 Chapter 405, Acts of the 76th Legislature, Regular Session, 1999,
5-3 is amended by adding Subsection (d) to read as follows:
5-4 (d) The requirement of Section 552.022 that a category of
5-5 information listed under Section 552.022(a) is public information
5-6 and not excepted from required disclosure under this chapter unless
5-7 expressly confidential under law does not apply to information that
5-8 is excepted from required disclosure under this section.
5-9 SECTION 4. The change in law made by this Act applies to
5-10 information in the possession of a governmental body or to which
5-11 the governmental body has a right of access on or after the
5-12 effective date of this Act, without regard to the date on which the
5-13 governmental body first possessed or first obtained a right of
5-14 access to the information.
5-15 SECTION 5. This Act takes effect immediately if it receives
5-16 a vote of two-thirds of all the members elected to each house, as
5-17 provided by Section 39, Article III, Texas Constitution. If this
5-18 Act does not receive the vote necessary for immediate effect, this
5-19 Act takes effect September 1, 2001.