Texas 2009 - 81st Regular

Texas Senate Bill SB671 Compare Versions

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Old	New	Differences
1	1	81R1774 JRD-D
2	2	By: Shapleigh S.B. No. 671
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to information requested by a member, committee, or agency
8	8	of the legislature under the public information law.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 552.008, Government Code, is amended by
11	11	adding Subsections (b-1), (b-2), and (b-3) to read as follows:
12	12	(b-1) A member, committee, or agency of the legislature
13	13	required by a governmental body to sign a confidentiality agreement
14	14	under Subsection (b) may seek a decision as provided by Subsection
15	15	(b-2) or (b-3) about whether the information covered by the
16	16	confidentiality agreement is confidential under law. A
17	17	confidentiality agreement signed under Subsection (b) is void to
18	18	the extent that the agreement covers information that is finally
19	19	determined under Subsection (b-2) or (b-3) to not be confidential
20	20	under law.
21	21	(b-2) The member, committee, or agency of the legislature
22	22	may file an action to obtain a declaratory judgment as to the matter
23	23	in Travis County district court or in a district court in the county
24	24	in which the administrative offices of the governmental body are
25	25	located. The governmental body is a necessary party to the action.
26	26	A person known by the member, committee, or agency of the
27	27	legislature or the governmental body to claim a proprietary
28	28	interest in the information is a necessary party to the action. A
29	29	person who claims a privacy interest in the information that a
30	30	confidentiality law or judicial decision is designed to protect may
31	31	intervene in the action.
32	32	(b-3) Alternatively, the member, committee, or agency of
33	33	the legislature may seek a decision from the attorney general about
34	34	the matter. The attorney general by rule shall establish
35	35	procedures and deadlines for receiving information necessary to
36	36	decide the matter and briefs from the requestor, the governmental
37	37	body, and any other interested person. The attorney general shall
38	38	promptly render a decision requested under this subsection,
39	39	determining whether the information covered by the confidentiality
40	40	agreement is confidential under law, not later than the 45th
41	41	business day after the date the attorney general received the
42	42	request for a decision under this subsection. The attorney general
43	43	shall issue a written decision on the matter and provide a copy of
44	44	the decision to the requestor, the governmental body, and any
45	45	interested person who submitted necessary information or a brief to
46	46	the attorney general about the matter. The requestor or the
47	47	governmental body may appeal a decision of the attorney general
48	48	under this subsection to a Travis County district court. A person
49	49	may appeal a decision of the attorney general under this subsection
50	50	to a Travis County district court if the person claims a proprietary
51	51	interest in the information affected by the decision or a privacy
52	52	interest in the information that a confidentiality law or judicial
53	53	decision is designed to protect.
54	54	SECTION 2. This Act takes effect immediately if it receives
55	55	a vote of two-thirds of all the members elected to each house, as
56	56	provided by Section 39, Article III, Texas Constitution. If this
57	57	Act does not receive the vote necessary for immediate effect, this
58	58	Act takes effect September 1, 2009.