Texas Senate Bill SB304

Texas 2009 - 81st Regular

• Filed: 11/17/08

Caption

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.

Impact

The proposed change in SB304 could significantly alter how allegations of criminal conduct against government bodies and officials are handled within Texas. By making it explicit that confidentiality agreements cannot be enforced when allegations of crime are involved, the bill empowers individuals or organizations looking to expose potential misconduct. This may encourage whistleblowing and greater scrutiny of government actions. However, it raises concerns about damaging reputations based on unproven allegations and the potential for misuse of the information accessed without confidentiality agreements.

Summary

SB304 aims to amend the public information law in Texas, specifically targeting information obtained by governmental bodies that indicates potential criminal activity by governmental officers or employees. The bill stipulates that if such information is confidential under state law, a governmental body cannot require the requesting entity to sign a confidentiality agreement, thereby promoting transparency when allegations of wrongdoing are made against government officials. This legislative move seeks to address situations where governmental misconduct may go undetected because of strict confidentiality regulations.

Contention

While proponents of SB304 argue that it enhances government accountability and public trust by allowing greater access to important information, opponents may raise concerns about the implications of unrestrained access to sensitive governmental information. There is a fear that potential misuse could lead to public hysteria or wrongful accusations against public officials, complicating the line between legitimate oversight and unwarranted leaks. The balance between transparency and confidentiality in government operations remains a point of tension in discussions surrounding this bill.