81R852 JRD-D
By: Shapleigh S.B. No. 304
A BILL TO BE ENTITLED
AN ACT
relating to information obtained under the public information law
for legislative purposes that indicates a crime has been committed
by a governmental body or a governmental officer or employee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.008, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) Notwithstanding Subsection (b), a governmental body may
not require a requesting entity that receives information under
this section that is confidential under state law or the members or
employees of the requesting entity who will view or handle the
information to sign a confidentiality agreement if the information
indicates or contains evidence that the governmental body or an
officer or employee of the governmental body committed a crime that
has not clearly been detected, investigated, or prosecuted by an
appropriate authority. If a confidentiality agreement is signed
under Subsection (b) and the requesting entity or a member or
employee of the requesting entity who signed the confidentiality
agreement subsequently makes a good faith determination that the
information that is the subject of the confidentiality agreement
indicates or contains evidence that the governmental body from
which the information was obtained or an officer or employee of the
governmental body committed a crime that has not clearly been
detected, investigated, or prosecuted by an appropriate authority,
the confidentiality agreement is void.
SECTION 2. Section 552.352, Government Code, is amended by
adding Subsection (a-3) to read as follows:
(a-3) It is an exception to the application of Subsection
(a-1) that the officer or employee of a governmental body who
obtained access to confidential information under Section 552.008
determined in good faith that the information indicated or
contained evidence that the governmental body from which the
information was obtained or an officer or employee of that
governmental body committed a crime that has not clearly been
detected, investigated, or prosecuted by an appropriate authority.
SECTION 3. Sections 552.008(d) and 552.352(a-3),
Government Code, as added by this Act, apply in relation to
information received under Section 552.008, Government Code,
before, on, or after the effective date of this Act.
SECTION 4. 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, 2009.