By Wentworth                                          S.B. No. 1566
         77R8183 JRD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain records of and communications to county
 1-3     officials.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subtitle B, Title 6, Local Government Code, is
 1-6     amended by adding Chapter 196 to read as follows:
 1-7           CHAPTER 196.  CERTAIN COMMUNICATIONS TO COUNTY OFFICIAL
 1-8           Sec. 196.001.  DEFINITIONS.  In this chapter:
 1-9                 (1)  "Communication" includes conversation,
1-10     correspondence, and electronic communication.
1-11                 (2)  "County official" means a county judge, county
1-12     commissioner, county attorney, district clerk, county clerk,
1-13     sheriff, tax assessor-collector, county treasurer, county surveyor,
1-14     justice of the peace, and constable.
1-15           Sec. 196.002.  CONFIDENTIAL RECORDS.  (a)  Records of a
1-16     county official that are composed exclusively of memoranda of
1-17     communications with residents of the county and of personal
1-18     information concerning the person communicating with the county
1-19     official are confidential.  However, the county official may
1-20     disclose all or a part of a record to which this subsection
1-21     applies, and that disclosure does not violate the law of this
1-22     state.
1-23           (b)  The method used to store or maintain a record covered by
1-24     Subsection (a)  does not affect the confidentiality of the record.
 2-1           Sec. 196.003.  PUBLIC DISCLOSURE PROHIBITED.  (a)  To ensure
 2-2     the right of the citizens of this state to petition their
 2-3     government, as guaranteed by Section 27, Article I, Texas
 2-4     Constitution, by protecting the confidentiality of communications
 2-5     of citizens with a county official, the public disclosure of all or
 2-6     part of a written or otherwise recorded communication from a
 2-7     resident of the county received by a county official in the
 2-8     official's official capacity is prohibited unless:
 2-9                 (1)  the county resident expressly or by clear
2-10     implication authorizes the disclosure;
2-11                 (2)  the communication is of a type that is expressly
2-12     authorized by statute to be disclosed; or
2-13                 (3)  the county official determines that the disclosure
2-14     does not constitute an unwarranted invasion of personal privacy of
2-15     the communicator or another person.
2-16           (b)  This section does not apply to a communication to a
2-17     county official from a public official or public employee acting in
2-18     an official capacity.
2-19           (c)  A county official may elect to disclose all or part of a
2-20     communication to which this section applies, and that disclosure
2-21     does not violate the law of this state.
2-22           SECTION 2.  This Act takes effect immediately if it receives
2-23     a vote of two-thirds of all the members elected to each house, as
2-24     provided by Section 39, Article III, Texas Constitution.  If this
2-25     Act does not receive the vote necessary for immediate effect, this
2-26     Act takes effect September 1, 2001.