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A BILL TO BE ENTITLED
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AN ACT
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relating to a special right of access under the public information |
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law for a member of a governing board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 552, Government Code, is amended by |
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adding Subchapter K to read as follows: |
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SUBCHAPTER K. SPECIAL RIGHT OF ACCESS BY MEMBER OF GOVERNING BOARD |
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Sec. 552.401. DEFINITIONS. In this subchapter: |
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(1) "Member of a governing board" means any individual |
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who is appointed, designated, or elected to direct or serve on a |
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board or other group of individuals that directs a governmental |
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body or a nongovernmental entity, including a member of the |
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governing body of a municipality and a county commissioner. |
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(2) "Nongovernmental entity" means an entity |
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described by Section 552.371(a). |
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(3) "Promptly" has the meaning described by Section |
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552.221(a). |
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Sec. 552.402. SPECIAL RIGHT OF ACCESS FOR A MEMBER OF A |
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GOVERNING BOARD. (a) A member of the governing board of a |
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governmental body or nongovernmental entity may inspect, |
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duplicate, or inspect and duplicate public information maintained |
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by the governmental body or the nongovernmental entity if the |
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member is acting in the member's official capacity. |
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(b) Public information requested under this section shall |
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be provided to the member promptly and without charge. |
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(c) If requested by the member, public information |
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requested under this section that is confidential under law shall |
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be redacted from the information provided to the member without |
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charge. |
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Sec. 552.403. CONFIDENTIAL INFORMATION. (a) A |
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governmental body or a nongovernmental entity that has been |
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requested to provide information under this subchapter may request |
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the member of a governing board who is receiving public information |
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that is confidential under law to sign a confidentiality agreement |
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that covers the information and requires that: |
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(1) the information not be disclosed; |
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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) A governmental body or nongovernmental entity, by |
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providing public information under this subchapter that is |
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confidential or otherwise excepted from required disclosure under |
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law, does not waive or affect the confidentiality of the |
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information for purposes of state or federal law or waive the right |
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to assert exceptions to required disclosure of the information in |
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the future. |
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Sec. 552.404. DETERMINATION BY THE ATTORNEY GENERAL. (a) A |
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member of a governing board who has received a request under Section |
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552.403(a) to sign a confidentiality agreement may seek a decision |
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about whether the information covered by the confidentiality |
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agreement is confidential under law. A confidentiality agreement |
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signed under Section 552.403(a) is void to the extent that the |
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agreement covers information that is determined by the attorney |
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general or a court to not be confidential under law. |
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(b) The attorney general by rule shall establish procedures |
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and deadlines for receiving information necessary to decide the |
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matter and briefs from the member of a governing board, the |
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governmental body or nongovernmental entity, and any other |
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interested person. |
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(c) The attorney general shall promptly render a decision |
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requested under this section, determining whether the information |
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covered by the confidentiality agreement is confidential under law, |
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not later than the 45th business day after the date the attorney |
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general received the request for a decision under this section. The |
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attorney general shall issue a written decision on the matter and |
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provide a copy of the decision to the member, the governmental body |
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or nongovernmental entity, and any interested person who submitted |
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necessary information or a brief to the attorney general about the |
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matter. |
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(d) The member or the governmental body or nongovernmental |
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entity may appeal a decision of the attorney general under this |
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section to a Travis County district court. Any other person may |
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appeal a decision of the attorney general under this section to a |
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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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Sec. 552.405. WRIT OF MANDAMUS. (a) If a governmental body |
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or nongovernmental entity fails or refuses to comply with an |
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applicable requirement of this subchapter, a member of a governing |
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board who made a request under Section 552.402 may file a motion, |
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petition, or other appropriate pleading in a district court having |
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jurisdiction for a writ of mandamus to compel the body or entity to |
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comply with the applicable requirement. |
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(b) A pleading under Subsection (a) shall be brought: |
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(1) in Travis County for a governmental body that is a |
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state agency; |
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(2) in a county in which the governmental body is |
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located for a governmental body that is not a state agency; or |
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(3) in the county where the entity's principal office |
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in this state is located for a nongovernmental entity. |
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(c) If the member prevails under Subsection (a), the court |
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may award reasonable attorney's fees, expenses, and court costs. |
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Sec. 552.406. INFORMATION OBTAINABLE UNDER OTHER LAW. This |
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subchapter does not affect: |
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(1) the procedures under which information may be |
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obtained under other law; or |
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(2) the use that may be made of information obtained |
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under other law. |
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SECTION 2. This Act takes effect September 1, 2025. |