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A BILL TO BE ENTITLED
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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), (b-2), and (b-3) 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) or (b-3) about whether the information covered by the |
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confidentiality agreement is confidential under law. A |
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confidentiality agreement signed under Subsection (b) is void to |
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the extent that the agreement covers information that is finally |
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determined under Subsection (b-2) or (b-3) to not be confidential |
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under law. |
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(b-2) The member, committee, or agency of the legislature |
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may file an action to obtain a declaratory judgment as to the matter |
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in Travis County district court or in a district court in the county |
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in which the administrative offices of the governmental body are |
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located. The governmental body is a necessary party to the action. |
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A person known by the member, committee, or agency of the |
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legislature or the governmental body to claim a proprietary |
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interest in the information is a necessary party to the action. A |
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person who claims a privacy interest in the information that a |
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confidentiality law or judicial decision is designed to protect may |
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intervene in the action. |
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(b-3) Alternatively, the member, committee, or agency of |
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the legislature may seek a decision from the attorney general about |
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the matter. The attorney general by rule shall establish |
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procedures and deadlines for receiving information necessary to |
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decide the matter and briefs from the requestor, the governmental |
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body, and any other interested person. The attorney general shall |
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promptly render a decision requested under this subsection, |
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determining whether the information covered by the confidentiality |
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agreement is confidential under law, not later than the 45th |
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business day after the date the attorney general received the |
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request for a decision under this subsection. The attorney general |
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shall issue a written decision on the matter and provide a copy of |
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the decision to the requestor, the governmental body, and any |
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interested person who submitted necessary information or a brief to |
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the attorney general about the matter. The requestor or the |
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governmental body may appeal a decision of the attorney general |
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under this subsection to a Travis County district court. A person |
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may appeal a decision of the attorney general under this subsection |
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to a Travis County district court if the person claims a proprietary |
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interest in the information affected by the decision or a privacy |
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interest in the information that a confidentiality law or judicial |
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decision is designed to protect. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |