By Wentworth                                          S.B. No. 1182
         77R8027 JRD-D                           
                                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.
 1-5           SECTION 1.  Section 552.022, Government Code, is amended by
 1-6     amending Subsection (a) and adding Subsection (c) to read as
 1-7     follows:
 1-8           (a)  Without limiting the amount or kind of information that
 1-9     is public information under this chapter, the following categories
1-10     of information are public information and not excepted from
1-11     required disclosure under this chapter unless they are expressly
1-12     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 as
1-15     provided by Section 552.103, 552.107, 552.108, or 552.111;
1-16                 (2)  the name, sex, ethnicity, salary, title, and dates
1-17     of employment of each employee and officer of a governmental body;
1-18                 (3)  information in an account, voucher, or contract
1-19     relating to the receipt or expenditure of public or other funds by
1-20     a governmental body;
1-21                 (4)  the name of each official and the final record of
1-22     voting on all proceedings in a governmental body;
1-23                 (5)  all working papers, research material, and
1-24     information used to estimate the need for or expenditure of public
 2-1     funds or taxes by a governmental body, on completion of the
 2-2     estimate;
 2-3                 (6)  the name, place of business, and the name of the
 2-4     municipality to which local sales and use taxes are credited, if
 2-5     any, for the named person, of a person reporting or paying sales
 2-6     and use taxes under Chapter 151, Tax Code;
 2-7                 (7)  a description of an agency's central and field
 2-8     organizations, including:
 2-9                       (A)  the established places at which the public
2-10     may obtain information, submit information or requests, or obtain
2-11     decisions;
2-12                       (B)  the employees from whom the public may
2-13     obtain information, submit information or requests, or obtain
2-14     decisions;
2-15                       (C)  in the case of a uniformed service, the
2-16     members from whom the public may obtain information, submit
2-17     information or requests, or obtain decisions; and
2-18                       (D)  the methods by which the public may obtain
2-19     information, submit information or requests, or obtain decisions;
2-20                 (8)  a statement of the general course and method by
2-21     which an agency's functions are channeled and determined, including
2-22     the nature and requirements of all formal and informal policies and
2-23     procedures;
2-24                 (9)  a rule of procedure, a description of forms
2-25     available or the places at which forms may be obtained, and
2-26     instructions relating to the scope and content of all papers,
2-27     reports, or examinations;
 3-1                 (10)  a substantive rule of general applicability
 3-2     adopted or issued by an agency as authorized by law, and a
 3-3     statement of general policy or interpretation of general
 3-4     applicability formulated and adopted by an agency;
 3-5                 (11)  each amendment, revision, or repeal of
 3-6     information described by Subdivisions (7)-(10);
 3-7                 (12)  final opinions, including concurring and
 3-8     dissenting opinions, and orders issued in the adjudication of
 3-9     cases;
3-10                 (13)  a policy statement or interpretation that has
3-11     been adopted or issued by an agency;
3-12                 (14)  administrative staff manuals and instructions to
3-13     staff that affect a member of the public;
3-14                 (15)  information regarded as open to the public under
3-15     an agency's policies;
3-16                 (16)  information that is in a bill for attorney's fees
3-17     and that is not privileged under the attorney-client privilege
3-18     under Section 552.107;
3-19                 (17)  information that is also contained in a public
3-20     court record; and
3-21                 (18)  a settlement agreement to which a governmental
3-22     body is a party.
3-23           (c)  For purposes of this section, the Texas Rules of Civil
3-24     Procedure, the Texas Rules of Evidence, and the Texas Disciplinary
3-25     Rules of Professional Conduct are not considered to be law that
3-26     expressly makes information confidential.
3-27           SECTION 2.  Section 552.131, Government Code, as added by
 4-1     Chapter 405, Acts of the 76th Legislature, Regular Session, 1999,
 4-2     is amended by adding Subsection (d) to read as follows:
 4-3           (d)  The requirement of Section 552.022 that a category of
 4-4     information listed under Section 552.022(a) is public information
 4-5     and not excepted from required disclosure under this chapter unless
 4-6     expressly confidential under law does not apply to information that
 4-7     is excepted from required disclosure under this section.
 4-8           SECTION 3.  The change in law made by this Act applies to
 4-9     information in the possession of a governmental body or to which
4-10     the governmental body has a right of access on or after the
4-11     effective date of this Act, without regard to the date on which the
4-12     governmental body first possessed or first obtained a right of
4-13     access to the information.
4-14           SECTION 4.  This Act takes effect immediately if it receives
4-15     a vote of two-thirds of all the members elected to each house, as
4-16     provided by Section 39, Article III, Texas Constitution.  If this
4-17     Act does not receive the vote necessary for immediate effect, this
4-18     Act takes effect September 1, 2001.