| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to information requested by a member, committee, or agency |
|
|
of the legislature under the public information law. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 552.008, Government Code, is amended by |
|
|
adding Subsections (b-1) and (b-2) to read as follows: |
|
|
(b-1) A member, committee, or agency of the legislature |
|
|
required by a governmental body to sign a confidentiality agreement |
|
|
under Subsection (b) may seek a decision as provided by Subsection |
|
|
(b-2) about whether the information covered by the confidentiality |
|
|
agreement is confidential under law. A confidentiality agreement |
|
|
signed under Subsection (b) is void to the extent that the agreement |
|
|
covers information that is finally determined under Subsection |
|
|
(b-2) to not be confidential under law. |
|
|
(b-2) The member, committee, or agency of the legislature |
|
|
may seek a decision from the attorney general about the matter. The |
|
|
attorney general by rule shall establish procedures and deadlines |
|
|
for receiving information necessary to decide the matter and briefs |
|
|
from the requestor, the governmental body, and any other interested |
|
|
person. The attorney general shall promptly render a decision |
|
|
requested under this subsection, determining whether the |
|
|
information covered by the confidentiality agreement is |
|
|
confidential under law, not later than the 45th business day after |
|
|
the date the attorney general received the request for a decision |
|
|
under this subsection. The attorney general shall issue a written |
|
|
decision on the matter and provide a copy of the decision to the |
|
|
requestor, the governmental body, and any interested person who |
|
|
submitted necessary information or a brief to the attorney general |
|
|
about the matter. The requestor or the governmental body may appeal |
|
|
a decision of the attorney general under this subsection to a Travis |
|
|
County district court. A person may appeal a decision of the |
|
|
attorney general under this subsection to a Travis County district |
|
|
court if the person claims a proprietary interest in the |
|
|
information affected by the decision or a privacy interest in the |
|
|
information that a confidentiality law or judicial decision is |
|
|
designed to protect. |
|
|
SECTION 2. This Act takes effect September 1, 2010. |