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78S10400 JRD-F


By:  Swinford                                                     H.B. No. 54 

Substitute the following for H.B. No. 54:                                     

By:  Allen                                                    C.S.H.B. No. 54 



A BILL TO BE ENTITLED

AN ACT

relating to excepting certain budgetary working papers from 
required public disclosure.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 552.022(a), Government Code, is amended 
to read as follows:
	(a)  Without limiting the amount or kind of information that 
is public information under this chapter, the following categories 
of information are public information and not excepted from 
required disclosure under this chapter unless they are expressly 
confidential under other law:
		(1)  a completed report, audit, evaluation, or 
investigation made of, for, or by a governmental body, except as 
provided by Section 552.108;
		(2)  the name, sex, ethnicity, salary, title, and dates 
of employment of each employee and officer of a governmental body;
		(3)  information in an account, voucher, or contract 
relating to the receipt or expenditure of public or other funds by a 
governmental body;
		(4)  the name of each official and the final record of 
voting on all proceedings in a governmental body;
		(5)  all working papers, research material, and 
information used to estimate the need for or expenditure of public 
funds or taxes by a governmental body, on completion of the 
estimate, provided that working papers, research material, and 
information used to prepare a draft or introduced version of the 
general appropriations bill or another document or proposal 
prepared under Section 322.008 or 401.0445 are not covered by this 
subdivision;
		(6)  the name, place of business, and the name of the 
municipality to which local sales and use taxes are credited, if 
any, for the named person, of a person reporting or paying sales and 
use taxes under Chapter 151, Tax Code;
		(7)  a description of an agency's central and field 
organizations, including:
			(A)  the established places at which the public 
may obtain information, submit information or requests, or obtain 
decisions;
			(B)  the employees from whom the public may obtain 
information, submit information or requests, or obtain decisions;
			(C)  in the case of a uniformed service, the 
members from whom the public may obtain information, submit 
information or requests, or obtain decisions;  and
			(D)  the methods by which the public may obtain 
information, submit information or requests, or obtain decisions;
		(8)  a statement of the general course and method by 
which an agency's functions are channeled and determined, including 
the nature and requirements of all formal and informal policies and 
procedures;
		(9)  a rule of procedure, a description of forms 
available or the places at which forms may be obtained, and 
instructions relating to the scope and content of all papers, 
reports, or examinations;
		(10)  a substantive rule of general applicability 
adopted or issued by an agency as authorized by law, and a statement 
of general policy or interpretation of general applicability 
formulated and adopted by an agency;
		(11)  each amendment, revision, or repeal of 
information described by Subdivisions (7)-(10);
		(12)  final opinions, including concurring and 
dissenting opinions, and orders issued in the adjudication of 
cases;
		(13)  a policy statement or interpretation that has 
been adopted or issued by an agency;
		(14)  administrative staff manuals and instructions to 
staff that affect a member of the public;
		(15)  information regarded as open to the public under 
an agency's policies;
		(16)  information that is in a bill for attorney's fees 
and that is not privileged under the attorney-client privilege;
		(17)  information that is also contained in a public 
court record;  and     
		(18)  a settlement agreement to which a governmental 
body is a party.       
	SECTION 2.  Section 552.106(a), Government Code, is amended 
to read as follows:
	(a)  A draft or working paper involved in the preparation of 
proposed legislation and a draft or working paper involved in the 
preparation of a document or proposal under Section 322.008 or 
401.0445 are [is] excepted from the requirements of Section 
552.021.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.