By: Ellis S.B. No. 1563
A BILL TO BE ENTITLED
AN ACT
relating to the definition of and access to public information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.002, Government Code, is amended to
read as follows:
Sec. 552.002. DEFINITION OF PUBLIC INFORMATION; MEDIA
CONTAINING PUBLIC INFORMATION. (a) In this chapter, "public
information" means information that is collected, assembled, or
maintained under a law or ordinance or in connection with or related
to the transaction of official business:
(1) by a governmental body; [or]
(2) for a governmental body, or in connection with any
project, activity, or other matter funded wholly or partly with
public funds of a governmental body, and the governmental body owns
the information or has a right of access to it; or
(3) by an individual officer or employee of a
governmental body, including an elected official or member of the
elected official's staff, in the course and scope of the
individual's official duties.
(b) The media on which public information is recorded
include:
(1) paper;
(2) film;
(3) a magnetic, optical, [or] solid state, or other
device that can store an electronic signal;
(4) tape;
(5) Mylar; and
(6) any physical material on which information may be
recorded, including linen,[;
[(7)] silk,[;] and
[(8)] vellum.
(c) The general forms in which the media containing public
information exist include a book, paper, letter, document, e-mail,
Internet posting, text message, instant message, other electronic
communication, printout, photograph, film, tape, microfiche,
microfilm, photostat, sound recording, map, and drawing and a
voice, data, or video representation held in computer memory.
(d) The definition of public information provided by
Subsection (a) applies to:
(1) information that is contained in a communication
conducted through a device procured, provided, or purchased, wholly
or partly, by a governmental body or maintained on governmental
servers; or
(2) information contained on any other device if the
device is used by an individual officer or employee of a
governmental body, including an elected official or member of the
elected official's staff, in the course and scope of the
individual's official duties.
SECTION 2. Section 552.003, Government Code, is amended by
adding Subdivision (2-a) to read as follows:
(2-a) "Official business" means any matter over which a
governmental body has any authority, administrative duties, or
advisory duties.
SECTION 3. Section 552.022(a), Government Code, is amended
to read as follows:
(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
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;
(19) a contract between an agency and any other
person, including records and files related to the performance of a
governmental function by the other person;
(20) a local government record as defined by Chapter
201, Local Government Code;
(21) a local government record as defined by Section
441.151;
(22) a state record as defined by Chapter 441; and
(23) a county record as defined by Section 441.091.
SECTION 4. Subchapter B, Chapter 552, Government Code, is
amended by adding Section 552.030 to read as follows:
Sec. 552.030. PROVISIONS REQUIRED IN GOVERNMENT CONTRACT.
(a) A contract between a governmental body and another person for
the performance of a governmental function shall:
(1) provide that the governmental body is entitled to
obtain from the contracting person a copy of any record or file
related to the performance of the governmental function;
(2) provide that a copy of a record or file described
by Subdivision (1) may be disclosed by the governmental body under
this chapter; and
(3) require the contracting person to administer
information relating to the performance of a governmental function
under the contract as required under this chapter.
(b) A contract to which Subsection (a) applies that is
entered into on or after September 1, 2013, shall be construed as if
the contract contains the provisions required by that subsection
without regard to whether the contract includes those provisions on
its face.
(c) A governmental body may not enter into a contract that
impairs the right of the public under the provisions of this chapter
to inspect or obtain a copy of the governmental body's information
that is not confidential or not otherwise excepted from disclosure
under this chapter, including public information existing online or
in a device or medium procured, provided, or purchased, wholly or
partly, by a governmental body or maintained on governmental
servers.
SECTION 5. 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, 2013.