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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.