82R1617 RWG-F
By: Solomons H.B. No. 1044
A BILL TO BE ENTITLED
AN ACT
relating to categories of information presumed to be public under
the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.022, Government Code, is amended to
read as follows:
Sec. 552.022. CATEGORIES OF PUBLIC INFORMATION; EXAMPLES.
(a) Without limiting the amount or kind of information that is
public information under this chapter, the following categories of
information are public information and not excepted from required
disclosure unless made confidential under this chapter or [unless
they are expressly confidential under] other law:
(1) a completed report, audit, evaluation, or
investigation made of, for, or by a governmental body, except as
provided by Section 552.108;
(2) the name, sex, ethnicity, salary, title, and dates
of employment of each employee and officer of a governmental body;
(3) information in an account, voucher, or contract
relating to the receipt or expenditure of public or other funds by a
governmental body;
(4) the name of each official and the final record of
voting on all proceedings in a governmental body;
(5) all working papers, research material, and
information used to estimate the need for or expenditure of public
funds or taxes by a governmental body, on completion of the
estimate;
(6) the name, place of business, and the name of the
municipality to which local sales and use taxes are credited, if
any, for the named person, of a person reporting or paying sales and
use taxes under Chapter 151, Tax Code;
(7) a description of an agency's central and field
organizations, including:
(A) the established places at which the public
may obtain information, submit information or requests, or obtain
decisions;
(B) the employees from whom the public may obtain
information, submit information or requests, or obtain decisions;
(C) in the case of a uniformed service, the
members from whom the public may obtain information, submit
information or requests, or obtain decisions; and
(D) the methods by which the public may obtain
information, submit information or requests, or obtain decisions;
(8) a statement of the general course and method by
which an agency's functions are channeled and determined, including
the nature and requirements of all formal and informal policies and
procedures;
(9) a rule of procedure, a description of forms
available or the places at which forms may be obtained, and
instructions relating to the scope and content of all papers,
reports, or examinations;
(10) a substantive rule of general applicability
adopted or issued by an agency as authorized by law, and a statement
of general policy or interpretation of general applicability
formulated and adopted by an agency;
(11) each amendment, revision, or repeal of
information described by Subdivisions (7)-(10);
(12) final opinions, including concurring and
dissenting opinions, and orders issued in the adjudication of
cases;
(13) a policy statement or interpretation that has
been adopted or issued by an agency;
(14) administrative staff manuals and instructions to
staff that affect a member of the public;
(15) information regarded as open to the public under
an agency's policies;
(16) information that is in a bill for attorney's fees
and that is not privileged under the attorney-client privilege;
(17) information that is also contained in a public
court record; and
(18) a settlement agreement to which a governmental
body is a party.
(b) A court in this state may not order a governmental body
or an officer for public information to withhold from public
inspection any category of public information described by
Subsection (a) or to not produce the category of public information
for inspection or duplication, unless the category of information
is [expressly made] confidential under this chapter or other law.
SECTION 2. The change in law made by this Act to Section
552.022, Government Code, applies only to a request for information
that is received by a governmental body or an officer for public
information on or after the effective date of this Act. A request
for information that was received before the effective date of this
Act is governed by the law in effect on the date the request was
received, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2011.