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