By: Ellis S.B. No. 1563

A BILL TO BE ENTITLED

AN ACT

relating to the definition of and access to public information.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 552.002, Government Code, is amended to read as follows:

Sec. 552.002. DEFINITION OF PUBLIC INFORMATION; MEDIA CONTAINING PUBLIC INFORMATION. (a) In this chapter, "public information" means information that is collected, assembled, or maintained under a law or ordinance or in connection with or related to the transaction of official business:

(1) by a governmental body; [or]

(2) for a governmental body, or in connection with any project, activity, or other matter funded wholly or partly with public funds of a governmental body, and the governmental body owns the information or has a right of access to it; or

(3) by an individual officer or employee of a governmental body, including an elected official or member of the elected official's staff, in the course and scope of the individual's official duties.

(b) The media on which public information is recorded include:

(1) paper;

(2) film;

(3) a magnetic, optical, [or] solid state, or other device that can store an electronic signal;

(4) tape;

(5) Mylar; and

(6) any physical material on which information may be recorded, including linen,[;

[(7)] silk,[;] and

[(8)] vellum.

(c) The general forms in which the media containing public information exist include a book, paper, letter, document, e-mail, Internet posting, text message, instant message, other electronic communication, printout, photograph, film, tape, microfiche, microfilm, photostat, sound recording, map, and drawing and a voice, data, or video representation held in computer memory.

(d) The definition of public information provided by Subsection (a) applies to:

(1) information that is contained in a communication conducted through a device procured, provided, or purchased, wholly or partly, by a governmental body or maintained on governmental servers; or

(2) information contained on any other device if the device is used by an individual officer or employee of a governmental body, including an elected official or member of the elected official's staff, in the course and scope of the individual's official duties.

SECTION 2. Section 552.003, Government Code, is amended by adding Subdivision (2-a) to read as follows:

(2-a) "Official business" means any matter over which a governmental body has any authority, administrative duties, or advisory duties.

SECTION 3. 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 unless made confidential under this chapter or 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;

(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;

(19) a contract between an agency and any other person, including records and files related to the performance of a governmental function by the other person;

(20) a local government record as defined by Chapter 201, Local Government Code;

(21) a local government record as defined by Section 441.151;

(22) a state record as defined by Chapter 441; and

(23) a county record as defined by Section 441.091.

SECTION 4. Subchapter B, Chapter 552, Government Code, is amended by adding Section 552.030 to read as follows:

Sec. 552.030. PROVISIONS REQUIRED IN GOVERNMENT CONTRACT. (a) A contract between a governmental body and another person for the performance of a governmental function shall:

(1) provide that the governmental body is entitled to obtain from the contracting person a copy of any record or file related to the performance of the governmental function;

(2) provide that a copy of a record or file described by Subdivision (1) may be disclosed by the governmental body under this chapter; and

(3) require the contracting person to administer information relating to the performance of a governmental function under the contract as required under this chapter.

(b) A contract to which Subsection (a) applies that is entered into on or after September 1, 2013, shall be construed as if the contract contains the provisions required by that subsection without regard to whether the contract includes those provisions on its face.

(c) A governmental body may not enter into a contract that impairs the right of the public under the provisions of this chapter to inspect or obtain a copy of the governmental body's information that is not confidential or not otherwise excepted from disclosure under this chapter, including public information existing online or in a device or medium procured, provided, or purchased, wholly or partly, by a governmental body or maintained on governmental servers.

SECTION 5. 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 September 1, 2013.