85R8673 TJB-F

By: Gooden H.B. No. 4066

A BILL TO BE ENTITLED

AN ACT

relating to the right of certain elected public officers to information of certain governmental and public entities; creating a criminal offense.

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

SECTION 1. Subtitle A, Title 6, Government Code, is amended by adding Chapter 620 to read as follows:

CHAPTER 620. RIGHT TO INFORMATION BY ELECTED OFFICERS OF GOVERNING

BODIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 620.001. DEFINITIONS. In this chapter:

(1) "Governmental entity" means a state governmental body or a political subdivision of this state.

(2) "Information" means information that is written, recorded, produced, collected, assembled, or maintained by or for a governmental entity or public entity that the governmental or public entity possesses or is authorized to possess, including:

(A) any physical or electronic document, message, report, book, photograph, recording, drawing, diagram, or item of data stored electronically; and

(B) any electronic communication created, transmitted, received, or maintained on any device if the communication is in connection with the transaction of official business of the governmental or public entity.

(3) "Public entity" means an entity created by a governmental entity.

(4) "Public officer" means an elected member of the governing body of:

(A) a board, commission, or other body with more than one member that supervises, manages, or controls a state governmental body; or

(B) a political subdivision of this state.

(5) "State governmental body" means a board, commission, department, committee, institution, agency, or office that is within the executive branch of state government.

Sec. 620.002. APPLICABILITY OF OTHER LAW. (a) Chapter 552 does not apply to a request for information made under this chapter.

(b) Notwithstanding any other provision of law, including a provision that provides a manner by which to resolve a conflict between provisions of law, the provisions of this chapter prevail to the extent of any conflict with another provision of law.

Sec. 620.003. EFFECT OF CHAPTER. (a) This chapter does not affect:

(1) the right of a public 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 withhold information from a public officer.

SUBCHAPTER B. RIGHT TO INFORMATION

Sec. 620.051. RIGHT TO INFORMATION FROM GOVERNMENTAL ENTITY. (a) A public officer has a right of access to information of the governmental entity to which the officer is elected.

(b) A public officer has a right to require the governmental entity to which the officer is elected to compile, analyze, describe, report, summarize, or otherwise manipulate and prepare information of the governmental entity for the officer.

(c) This section does not affect the inherent oversight authority that a member of a governing body has over the governmental entity to which the officer is elected.

Sec. 620.052. RIGHT TO INFORMATION FROM PUBLIC ENTITY. (a) A public officer has a right of access to information of a public entity created by the governmental entity to which the officer is elected.

(b) A public officer has a right to require a public entity created by the governmental entity to which the officer is elected to compile, analyze, describe, report, summarize, or otherwise manipulate and prepare information of the public entity for the officer.

Sec. 620.053. PROVISION OF INFORMATION. (a) Following a request for information authorized by this subchapter, the governmental or public entity that received the request shall provide the requested information, including confidential information or information otherwise excepted from disclosure, to the requestor.

(b) The requestor is not required to specify the purpose for which the information is requested.

(c) A governmental or public entity must provide requested information to a requestor promptly, but not later than the seventh day, or as soon as practicable as agreed to by the governmental or public entity and the requestor, following the date the request is received.

(d) A governmental or public entity must provide requested information in the manner and format requested by the requestor, including:

(1) by allowing the requestor unrestricted access to any physical information of the governmental or public entity;

(2) by allowing the requestor to make copies or other reproductions of the information; and

(3) by manipulating or preparing information as authorized by Sections 620.051(b) and 620.052(b).

(e) A governmental or public entity must provide information under this section without charge to the requestor.

(f) A governmental or public entity may not require a requestor to sign a confidentiality agreement in order to receive information requested under this subchapter.

(g) A public officer who receives confidential information under this subchapter must use the information only in a manner that maintains the confidential nature of the information and may not disclose or release the information to the public.

Sec. 620.054. RELEASE OF CONFIDENTIAL INFORMATION TO ATTORNEY OF PUBLIC OFFICER. (a) A public officer has the right to release information received from a governmental or public entity under this subchapter to the officer's attorney for the purpose of receiving legal advice.

(b) A public officer may not release information to the officer's attorney unless:

(1) the officer has notified the governmental or public entity that provided the information to the officer that the officer intends to release the information to the attorney; and

(2) the governmental or public entity has:

(A) authorized the release of the information; or

(B) received from the attorney an executed confidentiality agreement authorized by Section 620.055.

(c) A governmental or public entity must authorize the release of information or submit a confidentiality agreement authorized by Section 620.055 to the public officer's attorney not later than the third business day following the date the officer notifies the governmental or public entity that the officer intends to release the information or the governmental or public entity waives the right to require the attorney to sign the agreement.

(d) An attorney who receives confidential information under this section, including information excepted from disclosure under law and covered by a confidentiality agreement, must use the information only in a manner that maintains the confidential nature of the information and may not disclose or release the information to the public.

Sec. 620.055. CONFIDENTIALITY AGREEMENT. (a) A governmental or public entity may require an attorney who receives information from a public officer under this subchapter that is confidential or otherwise excepted from disclosure under law to sign a confidentiality agreement that covers the information.

(b) Except for a requirement prescribed by federal law, a confidentiality agreement may only require that:

(1) the information not be disclosed by the public officer's attorney;

(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.

(c) A confidentiality agreement signed under Subsection (a) is void to the extent that the agreement covers information that is finally determined under Section 620.056 to not be confidential or otherwise excepted from disclosure under law.

Sec. 620.056. DECISION BY ATTORNEY GENERAL REGARDING CONFIDENTIALITY OR DISCLOSURE. (a) An attorney who is required to sign a confidentiality agreement under Section 620.055 may seek a decision from the attorney general about whether the information covered by the agreement 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 the public officer who requested the information, the officer's attorney, a governmental or public entity providing information under this subchapter, 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 public officer who requested the information, the officer's attorney, the governmental or public entity, 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 public officer who requested the information, the officer's attorney, the governmental or public entity, and any interested person who submitted necessary information or a brief to the attorney general under this section.

(e) The public officer's attorney or the governmental or public entity may appeal a decision of the attorney general under Subsection (d) to a district court of Travis County.

Sec. 620.057. CONFIDENTIALITY NOT WAIVED. A governmental or public entity, by providing information under this subchapter 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 or public entity to assert exceptions to disclosure of the information in the future.

SUBCHAPTER C. ENFORCEMENT

Sec. 620.101. SUIT FOR WRIT OF MANDAMUS. (a) A person , or the attorney general on request of the person, may file suit for a writ of mandamus compelling a governmental or public entity to provide information requested under this chapter to which the person has a right.

(b) A suit filed by a person under this section to compel the provision of information must be filed in a district court of the county in which the main offices of the governmental or public entity are located. A suit filed by the attorney general under this section must be filed in a district court of Travis County.

Sec. 620.102. FAILURE OR REFUSAL TO PROVIDE INFORMATION. (a) A person who is an officer for public information under Chapter 552 for a governmental or public entity, or the officer's agent, commits an offense if, with criminal negligence, the officer or the officer's agent fails or refuses to provide information to a public officer as provided by this chapter.

(b) An offense under this section is a Class A misdemeanor.

SECTION 2. Not later than January 1, 2018, the attorney general shall adopt rules establishing the procedures and deadlines required by Section 620.056(b), Government Code, as added by this Act.

SECTION 3. (a) Except as provided by Subsection (b) of this section, this Act takes effect January 1, 2018.

(b) Section 2 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 2 of this Act takes effect September 1, 2017.