1-1 By: Wentworth S.B. No. 1182
1-2 (In the Senate - Filed March 6, 2001; March 8, 2001, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 11, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 11, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1182 By: Shapleigh
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to categories of information that are presumed to be
1-11 available to the public under the public information law.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 552.022, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 552.022. CERTAIN CATEGORIES OF PUBLIC INFORMATION[;
1-16 EXAMPLES]. (a) Without limiting the amount or kind of information
1-17 that is public information under this chapter, the following
1-18 categories of information are public information and not excepted
1-19 from required disclosure under this chapter unless they are
1-20 expressly confidential under [other] law:
1-21 (1) a completed report, audit, evaluation, or
1-22 investigation made of, for, or by a governmental body, except:
1-23 (A) as provided by Section 552.103, 552.107, or
1-24 552.108; or
1-25 (B) to the extent the report, audit, evaluation,
1-26 or investigation contains attorney work product excepted from
1-27 required disclosure under Section 552.111;
1-28 (2) the name, sex, ethnicity, salary, title, and dates
1-29 of employment of each employee and officer of a governmental body;
1-30 (3) information in an account, voucher, or contract
1-31 relating to the receipt or expenditure of public or other funds by
1-32 a governmental body;
1-33 (4) the name of each official and the final record of
1-34 voting on all proceedings in a governmental body;
1-35 (5) all working papers, research material, and
1-36 information used to estimate the need for or expenditure of public
1-37 funds or taxes by a governmental body, on completion of the
1-38 estimate;
1-39 (6) the name, place of business, and the name of the
1-40 municipality to which local sales and use taxes are credited, if
1-41 any, for the named person, of a person reporting or paying sales
1-42 and use taxes under Chapter 151, Tax Code;
1-43 (7) a description of an agency's central and field
1-44 organizations, including:
1-45 (A) the established places at which the public
1-46 may obtain information, submit information or requests, or obtain
1-47 decisions;
1-48 (B) the employees from whom the public may
1-49 obtain information, submit information or requests, or obtain
1-50 decisions;
1-51 (C) in the case of a uniformed service, the
1-52 members from whom the public may obtain information, submit
1-53 information or requests, or obtain decisions; and
1-54 (D) the methods by which the public may obtain
1-55 information, submit information or requests, or obtain decisions;
1-56 (8) a statement of the general course and method by
1-57 which an agency's functions are channeled and determined, including
1-58 the nature and requirements of all formal and informal policies and
1-59 procedures;
1-60 (9) a rule of procedure, a description of forms
1-61 available or the places at which forms may be obtained, and
1-62 instructions relating to the scope and content of all papers,
1-63 reports, or examinations;
1-64 (10) a substantive rule of general applicability
2-1 adopted or issued by an agency as authorized by law, and a
2-2 statement of general policy or interpretation of general
2-3 applicability formulated and adopted by an agency;
2-4 (11) each amendment, revision, or repeal of
2-5 information described by Subdivisions (7)-(10);
2-6 (12) final opinions, including concurring and
2-7 dissenting opinions, and orders issued in the adjudication of
2-8 cases;
2-9 (13) a policy statement or interpretation that has
2-10 been adopted or issued by an agency;
2-11 (14) administrative staff manuals and instructions to
2-12 staff that affect a member of the public;
2-13 (15) information regarded as open to the public under
2-14 an agency's policies;
2-15 (16) information that is in a bill for attorney's fees
2-16 and that is not privileged under the attorney-client privilege
2-17 under Section 552.107;
2-18 (17) information that is also contained in a public
2-19 court record; and
2-20 (18) a settlement agreement to which a governmental
2-21 body is a party.
2-22 (b) A court [in this state] may not order a governmental
2-23 body or an officer for public information to withhold from public
2-24 inspection any category of public information described by
2-25 Subsection (a) or to not produce the category of public information
2-26 for inspection or duplication, unless the category of information
2-27 is expressly made confidential under [other] law.
2-28 (c) For purposes of this chapter:
2-29 (1) the Texas Rules of Civil Procedure, the Texas
2-30 Rules of Evidence, and the Texas Disciplinary Rules of Professional
2-31 Conduct are not considered to be law that expressly makes
2-32 information confidential; and
2-33 (2) a state agency rule is considered to be law that
2-34 expressly makes information confidential only if the agency has
2-35 specific statutory authority to make the information confidential
2-36 by rule.
2-37 SECTION 2. Section 552.104, Government Code, is amended to
2-38 read as follows:
2-39 Sec. 552.104. EXCEPTION: INFORMATION RELATED TO COMPETITION
2-40 OR BIDDING. (a) Information is excepted from the requirements of
2-41 Section 552.021 if it is information that, if released, would give
2-42 advantage to a competitor or bidder.
2-43 (b) The requirement of Section 552.022 that a category of
2-44 information listed under Section 552.022(a) is public information
2-45 and not excepted from required disclosure under this chapter unless
2-46 expressly confidential under law does not apply to information that
2-47 is excepted from required disclosure under this section.
2-48 SECTION 3. Section 552.131, Government Code, as added by
2-49 Chapter 405, Acts of the 76th Legislature, Regular Session, 1999,
2-50 is amended by adding Subsection (d) to read as follows:
2-51 (d) The requirement of Section 552.022 that a category of
2-52 information listed under Section 552.022(a) is public information
2-53 and not excepted from required disclosure under this chapter unless
2-54 expressly confidential under law does not apply to information that
2-55 is excepted from required disclosure under this section.
2-56 SECTION 4. The change in law made by this Act applies to
2-57 information in the possession of a governmental body or to which
2-58 the governmental body has a right of access on or after the
2-59 effective date of this Act, without regard to the date on which the
2-60 governmental body first possessed or first obtained a right of
2-61 access to the information.
2-62 SECTION 5. This Act takes effect immediately if it receives
2-63 a vote of two-thirds of all the members elected to each house, as
2-64 provided by Section 39, Article III, Texas Constitution. If this
2-65 Act does not receive the vote necessary for immediate effect, this
2-66 Act takes effect September 1, 2001.
2-67 * * * * *