85R2585 TJB-D
 
  By: Shaheen H.B. No. 3271
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the right of certain public officers to access public
  information, documents, records, and property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 6, Government Code, is amended
  by adding Chapter 674 to read as follows:
  CHAPTER 674. RIGHT OF ACCESS TO PUBLIC INFORMATION, BUILDINGS, AND
  GROUNDS BY APPOINTED STATE BOARD MEMBERS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 674.001.  DEFINITIONS. In this chapter:
               (1)  "Board member" means a member of a body, including
  a board, commission, or committee:
                     (A)  with more than one member;
                     (B)  the members of which are appointed; and
                     (C)  that supervises, manages, or controls a state
  governmental body.
               (2)  "Public information" has the meaning assigned by
  Section 552.002.
               (3)  "State governmental body" means a board,
  commission, department, committee, institution, agency, or office
  that is within the executive branch of state government. The term
  does not include a private entity that spends or is supported wholly
  or partly by public funds.
  SUBCHAPTER B. RIGHT OF ACCESS TO INFORMATION
         Sec. 674.051.  RIGHT OF ACCESS TO INFORMATION.  A board
  member has a right of access to information that is public
  information of the state governmental body to which the member is
  appointed.
         Sec. 674.052.  PROVISION OF INFORMATION. (a)  A state
  governmental body on request by a board member of the governmental
  body shall provide public information, including confidential
  information or information otherwise excepted from disclosure, to
  the member in accordance with Chapter 552.
         (b)  A state governmental body, by providing public
  information under this section that is confidential or otherwise
  excepted from disclosure under law, does not waive or affect the
  confidentiality of the information for purposes of state or federal
  law or waive the right of the governmental body to assert exceptions
  to disclosure of the information in the future.
         Sec. 674.053.  CONFIDENTIALITY AGREEMENT.  (a)  A state
  governmental body may require a board member requesting information
  under this subchapter or a designated employee of the requesting
  member who will view or handle information that is received under
  this subchapter and that is confidential or otherwise excepted from
  disclosure under law to sign a confidentiality agreement that
  covers the information and requires that:
               (1)  the information not be disclosed outside the
  office of the requesting member;
               (2)  the information be labeled as confidential;
               (3)  the information be kept securely; or
               (4)  the number of copies made of the information or the
  notes taken from the information that implicate the confidential
  nature of the information be controlled, with all copies or notes
  that are not destroyed or returned remaining confidential and
  subject to the confidentiality agreement.
         (b)  An individual required to sign a confidentiality
  agreement under Subsection (a) may seek a decision as provided by
  Section 674.054 about whether the information covered by the
  confidentiality agreement is confidential or otherwise excepted
  from disclosure under law.  A confidentiality agreement signed
  under Subsection (a) is void to the extent that the agreement covers
  information that is finally determined under Section 674.054 to not
  be confidential or otherwise excepted from disclosure under law.
         Sec. 674.054.  DECISION BY ATTORNEY GENERAL REGARDING
  CONFIDENTIALITY OR DISCLOSURE.  (a)  A board member requesting
  information under this subchapter may seek a decision from the
  attorney general about whether the information covered by a
  confidentiality agreement under Section 674.053 is confidential or
  otherwise excepted from disclosure under law.
         (b)  The attorney general by rule shall establish procedures
  and deadlines for:
               (1)  receiving information necessary to determine
  whether the information covered by a confidentiality agreement is
  confidential or otherwise excepted from disclosure under law; and
               (2)  receiving briefs from a requesting board member, a
  state governmental body, and any other interested person.
         (c)  The attorney general shall render the decision not later
  than the 45th business day after the date the attorney general
  receives the request for a decision.  If the attorney general is
  unable to issue the decision within the 45-day period, the attorney
  general may during that 45-day period extend the period for issuing
  the decision by an additional 10 business days by informing the
  requesting board member, the state governmental body, and any
  interested person who submitted necessary information or a brief to
  the attorney general of the reason for the delay.
         (d)  The attorney general shall issue a written decision and
  provide a copy of the decision to the requesting board member, the
  state governmental body, and any interested person who submitted
  necessary information or a brief to the attorney general under this
  section.
         (e)  The requesting board member or the state governmental
  body may appeal a decision of the attorney general under Subsection
  (d) to a district court.  A person may appeal a decision of the
  attorney general under Subsection (d) to a 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.
         Sec. 674.055.  EFFECT OF SUBCHAPTER.  (a)  This subchapter
  does not affect:
               (1)  the right of a board member to obtain information
  under other law;
               (2)  the procedures under which the information is
  obtained under other law; or
               (3)  the use that may be made of the information
  obtained under other law.
         (b)  This subchapter does not grant authority to a state
  governmental body to withhold information from a board member.
  SUBCHAPTER C. RIGHT OF ACCESS TO PUBLIC PROPERTY
         Sec. 674.101.  RIGHT OF ACCESS TO PUBLIC PROPERTY.
  Notwithstanding any other provision of law, a board member has a
  right of access to any building, structure, room, land, or body of
  water owned or leased by or under the exclusive control of the state
  governmental body to which the member is appointed.
         Sec. 674.102.  ACCESS TO PROPERTY. (a) A person who is
  authorized to control access to property described by Section
  674.101 shall provide a board member of the state governmental body
  access to the property if the member:
               (1)  requests access to the property as a board member;
  and
               (2)  presents an acceptable form of identification
  described by Section 63.0101, Election Code.
         (b)  The authorized person must provide access to property
  under this section not later than the 10th business day following
  the date the request for access is made by the requesting board
  member.
         SECTION 2.  Subtitle C, Title 6, Local Government Code, is
  amended by adding Chapter 206 to read as follows:
  CHAPTER 206.  RIGHT OF ACCESS TO INFORMATION BY CERTAIN PUBLIC
  OFFICERS
         Sec. 206.001.  DEFINITIONS. In this chapter:
               (1)  "County governmental body":
                     (A)  means:
                           (i)  a county commissioners court;
                           (ii)  a deliberative body that has
  rulemaking or quasi-judicial power and that is classified as a
  department, agency, or political subdivision of a county;
                           (iii)  a county board of school trustees;
                           (iv)  a county board of education; or
                           (v)  the part, section, or portion of a
  county, county board of school trustees, or county board of
  education described by Section 552.003(1)(A)(xii), Government
  Code, that is a governmental body for purposes of Chapter 552,
  Government Code; and
                     (B)  does not include:
                           (i)  the judiciary; or
                           (ii)  a private entity that spends or is
  supported wholly or partly by public funds.
               (2)  "County officer" means an elected or appointed
  officer of a county governmental body.
               (3)  "Municipal governmental body":
                     (A)  means:
                           (i)  the governing body of a municipality;
                           (ii)  a deliberative body that has
  rulemaking or quasi-judicial power and that is classified as a
  department, agency, or political subdivision of a municipality; or
                           (iii)  the part, section, or portion of a
  municipality described by Section 552.003(1)(A)(xii), Government
  Code, that is a governmental body for purposes of Chapter 552,
  Government Code; and
                     (B)  does not include:
                           (i)  the judiciary; or
                           (ii)  a private entity that spends or is
  supported wholly or partly by public funds.
               (4)  "Municipal officer" means an elected or appointed
  officer of a municipal governmental body.
               (5)  "Public information" has the meaning assigned by
  Section 552.002, Government Code.
               (6)  "Special district" means a political subdivision
  of this state that has a limited geographic area and is created by
  local law or under general law for a special purpose.
               (7)  "Special district officer" means a member of the
  governing body of a special district.
         Sec. 206.002.  RIGHT OF ACCESS TO INFORMATION.  (a)  A county
  officer has a right of access to information that is public
  information of the county governmental body to which the county
  officer is elected or appointed.
         (b)  A municipal officer has a right of access to information
  that is public information of the municipal governmental body to
  which the municipal officer is elected or appointed.
         (c)  A special district officer has a right of access to
  information that is public information of the district.
         Sec. 206.003.  PROVISION OF INFORMATION. (a)  A county
  governmental body on request by a county officer of the
  governmental body, a municipal governmental body on request by a
  municipal officer of the governmental body, or a special district
  on request by a special district officer of the district shall
  provide public information, including confidential information or
  information otherwise excepted from disclosure, to the officer in
  accordance with Chapter 552, Government Code.
         (b)  A county governmental body, municipal governmental
  body, or special district, by providing public information under
  this section that is confidential or otherwise excepted from
  disclosure under law, does not waive or affect the confidentiality
  of the information for purposes of state or federal law or waive the
  right of the governmental body or special district to assert
  exceptions to disclosure of the information in the future.
         Sec. 206.004.  CONFIDENTIALITY AGREEMENT.  (a)  A county
  governmental body, municipal governmental body, or special
  district may require an officer requesting information under this
  chapter or a designated employee of the requesting officer who will
  view or handle information that is received under this chapter and
  that is confidential or otherwise excepted from disclosure under
  law to sign a confidentiality agreement that covers the information
  and requires that:
               (1)  the information not be disclosed outside the
  office of the requesting officer;
               (2)  the information be labeled as confidential;
               (3)  the information be kept securely; or
               (4)  the number of copies made of the information or the
  notes taken from the information that implicate the confidential
  nature of the information be controlled, with all copies or notes
  that are not destroyed or returned remaining confidential and
  subject to the confidentiality agreement.
         (b)  An individual required to sign a confidentiality
  agreement under Subsection (a) may seek a decision as provided by
  Section 206.005 about whether the information covered by the
  confidentiality agreement is confidential or otherwise excepted
  from disclosure under law.  A confidentiality agreement signed
  under Subsection (a) is void to the extent that the agreement covers
  information that is finally determined under Section 206.005 to not
  be confidential or otherwise excepted from disclosure under law.
         Sec. 206.005.  DECISION BY ATTORNEY GENERAL REGARDING
  CONFIDENTIALITY OR DISCLOSURE.  (a)  An officer requesting
  information under this chapter may seek a decision from the
  attorney general about whether the information covered by a
  confidentiality agreement under Section 206.004 is confidential or
  otherwise excepted from disclosure under law.
         (b)  The attorney general by rule shall establish procedures
  and deadlines for:
               (1)  receiving information necessary to determine
  whether the information covered by a confidentiality agreement is
  confidential or otherwise excepted from disclosure under law; and
               (2)  receiving briefs from a requesting officer, a
  county governmental body, municipal governmental body, or special
  district, as applicable, and any other interested person.
         (c)  The attorney general shall render the decision not later
  than the 45th business day after the date the attorney general
  receives the request for a decision.  If the attorney general is
  unable to issue the decision within the 45-day period, the attorney
  general may during that 45-day period extend the period for issuing
  the decision by an additional 10 business days by informing the
  requesting officer, the county governmental body, municipal
  governmental body, or special district, as applicable, and any
  interested person who submitted necessary information or a brief to
  the attorney general of the reason for the delay.
         (d)  The attorney general shall issue a written decision and
  provide a copy of the decision to the requesting officer, the county
  governmental body, municipal governmental body, or special
  district, as applicable, and any interested person who submitted
  necessary information or a brief to the attorney general under this
  section.
         (e)  The requesting officer or the county governmental body,
  municipal governmental body, or special district, as applicable,
  may appeal a decision of the attorney general under Subsection (d)
  to a district court.  A person may appeal a decision of the attorney
  general under Subsection (d) to a 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.
         Sec. 206.006.  EFFECT OF CHAPTER.  (a)  This chapter does not
  affect:
               (1)  the right of a county officer, municipal officer,
  or special district officer to obtain information under other law;
               (2)  the procedures under which the information is
  obtained under other law; or
               (3)  the use that may be made of the information
  obtained under other law.
         (b)  This chapter does not grant authority to a county
  governmental body, municipal governmental body, or special
  district to withhold information from a county officer, municipal
  officer, or special district officer.
         SECTION 3.  The heading to Subtitle C, Title 9, Local
  Government Code, is amended to read as follows:
  SUBTITLE C. PUBLIC BUILDINGS AND GROUNDS [BUILDING] PROVISIONS
  APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT
         SECTION 4.  The heading to Chapter 305, Local Government
  Code, is amended to read as follows:
  CHAPTER 305. MISCELLANEOUS PUBLIC BUILDINGS AND GROUNDS [BUILDING]
  PROVISIONS [AFFECTING MUNICIPALITIES AND COUNTIES]
         SECTION 5.  Chapter 305, Local Government Code, is amended
  by adding Subchapter C to read as follows:
  SUBCHAPTER C. RIGHT OF ACCESS TO PUBLIC PROPERTY BY CERTAIN PUBLIC
  OFFICERS 
         Sec. 305.020.  DEFINITION. In this subchapter, "political
  subdivision" means a county, municipality, school district, junior
  college district, other special district, or other subdivision of
  state government.
         Sec. 305.021.  RIGHT OF ACCESS TO PUBLIC PROPERTY.
  Notwithstanding any other provision of law, a member of the
  governing body of a political subdivision has a right of access to
  any building, structure, room, land, or body of water owned or
  leased by or under the exclusive control of the political
  subdivision to which the member is elected or appointed.
         Sec. 305.022.  ACCESS TO PROPERTY. (a) A person who is
  authorized to control access to property described by Section
  305.021 shall provide a member of the governing body of the
  political subdivision access to the property if the member:
               (1)  requests access to the property as a member of the
  governing body; and 
               (2)  presents an acceptable form of identification
  described by Section 63.0101, Election Code.
         (b)  The authorized person must provide access to property
  under this section not later than the 10th business day following
  the date the request for access is made by the requesting member of
  the governing body.
         SECTION 6.  Not later than January 1, 2018, the attorney
  general shall adopt rules establishing the procedures and deadlines
  required by Section 674.054(b), Government Code, as added by this
  Act, and Section 206.005(b), Local Government Code, as added by
  this Act.
         SECTION 7.  Subchapter B, Chapter 674, Government Code, as
  added by this Act, and Chapter 206, Local Government Code, as added
  by this Act, apply only to a request for information received on or
  after the effective date of this Act.  A request for information
  received before the effective date of this Act is governed by the
  applicable law in effect immediately before the effective date of
  this Act, and that law is continued in effect for that purpose.
         SECTION 8.  (a) Except as provided by Subsection (b) of this
  section, this Act takes effect January 1, 2018.
         (b)  Section 6 of this Act takes effect immediately if this
  Act 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, Section 6 of this Act takes effect September 1, 2017.