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AN ACT
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relating to information requested by a member, committee, or agency |
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of the legislature under the public information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.008, Government Code, is amended by |
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adding Subsections (b-1) and (b-2) to read as follows: |
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(b-1) A member, committee, or agency of the legislature |
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required by a governmental body to sign a confidentiality agreement |
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under Subsection (b) may seek a decision as provided by Subsection |
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(b-2) about whether the information covered by the confidentiality |
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agreement is confidential under law. A confidentiality agreement |
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signed under Subsection (b) is void to the extent that the agreement |
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covers information that is finally determined under Subsection |
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(b-2) to not be confidential under law. |
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(b-2) The member, committee, or agency of the legislature |
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may seek a decision from the attorney general about the matter. The |
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attorney general by rule shall establish procedures and deadlines |
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for receiving information necessary to decide the matter and briefs |
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from the requestor, the governmental body, and any other interested |
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person. The attorney general shall promptly render a decision |
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requested under this subsection, determining whether the |
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information covered by the confidentiality agreement is |
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confidential under law, not later than the 45th business day after |
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the date the attorney general received the request for a decision |
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under this subsection. The attorney general shall issue a written |
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decision on the matter and provide a copy of the decision to the |
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requestor, the governmental body, and any interested person who |
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submitted necessary information or a brief to the attorney general |
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about the matter. The requestor or the governmental body may appeal |
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a decision of the attorney general under this subsection to a Travis |
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County district court. A person may appeal a decision of the |
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attorney general under this subsection to a Travis County district |
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court if the person claims a proprietary interest in the |
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information affected by the decision or a privacy interest in the |
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information that a confidentiality law or judicial decision is |
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designed to protect. |
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SECTION 2. This Act takes effect September 1, 2010. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 671 passed the Senate on |
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May 1, 2009, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 671 passed the House on |
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May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |