By: Dale, et al. (Senate Sponsor - Paxton) H.B. No. 628
(In the Senate - Received from the House May 10, 2013;
May 10, 2013, read first time and referred to Committee on Open
Government; May 17, 2013, reported favorably by the following
vote: Yeas 4, Nays 0; May 17, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the right of a member of the board of trustees of a
school district to obtain information, documents, and records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.1512, Education Code, is amended by
adding Subsections (c), (d), (e), and (f) to read as follows:
(c) A member of the board of trustees of the district, when
acting in the member's official capacity, has an inherent right of
access to information, documents, and records maintained by the
district, and the district shall provide the information,
documents, and records to the member without requiring the member
to submit a public information request under Chapter 552,
Government Code. The district shall provide the information,
documents, and records to the member without regard to whether the
requested items are the subject of or relate to an item listed on an
agenda for an upcoming meeting. The district may withhold or redact
information, a document, or a record requested by a member of the
board to the extent that the item is excepted from disclosure or is
confidential under Chapter 552, Government Code, or other law.
This subsection does not require the district to provide
information, documents, and records that are not subject to
disclosure under the Family Educational Rights and Privacy Act of
1974 (20 U.S.C. Section 1232g).
(d) A school district shall post, in a place convenient to
the public, the cost of responding to one or more requests submitted
by a member of the board of trustees of the district under
Subsection (c) if the requests are for 200 or more pages of material
in a 90-day period.
(e) The district shall report annually to the Texas
Education Agency not later than September 1 of each year:
(1) the number of requests submitted by a member of the
board of trustees of the district under Subsection (c) during the
preceding school year; and
(2) the total cost to the district for that school year
of responding to requests under Subsection (c).
(f) In this section, "official capacity" means all duties of
office and includes administrative decisions or actions.
SECTION 2. This Act takes effect September 1, 2013.
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