Texas 2015 - 84th Regular

Texas Senate Bill SB337 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Taylor of Collin S.B. No. 337
2		-	(In the Senate - Filed January 23, 2015; February 2, 2015,
3		-	read first time and referred to Committee on Business and Commerce;
4		-	April 9, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; April 9, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 337 By: Seliger
	1	+	By: Taylor of Collin, Burton S.B. No. 337
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the right of directors of special districts to obtain
14	7		district information, documents, and records.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Chapter 201, Local Government Code, is amended
17	10		by adding Section 201.010 to read as follows:
18	11		Sec. 201.010. SPECIAL RIGHT OF ACCESS TO DISTRICT
19	12		INFORMATION BY DISTRICT DIRECTOR. (a) In this section:
20	13		(1) "Board" means the governing body of a special
21	14		district.
22	15		(2) "Director" means a board member.
23	16		(3) "Public information" has the meaning assigned by
24	17		Section 552.002, Government Code.
25	18		(4) "Special district" means a political subdivision
26	19		of this state that has a limited geographic area and is created by
27	20		local law or under general law for a special purpose. The term does
28	21		not include a school district or hospital district.
29	22		(b) A director of a special district has a right of access to
30	23		information that is public information of the district.
31	24		(c) A special district on request by a director of the
32	25		district shall provide public information, including confidential
33	26		information or information otherwise excepted from disclosure, to
34	27		the director in accordance with Chapter 552, Government Code.
35	28		(d) A special district, by providing public information to a
36	29		director under this section that is confidential or otherwise
37	30		excepted from required disclosure under law, does not waive or
38	31		affect the confidentiality of the information for purposes of state
39	32		or federal law or waive the right of the district to assert
40	33		exceptions to required disclosure of the information in the future.
41	34		The district may require the requesting director or a designated
42	35		district employee of the requesting director who will view or
43	36		handle information that is received under this section and that is
44	37		confidential under law or otherwise excepted from disclosure to
45	38		sign a confidentiality agreement that covers the information and
46	39		requires that:
47	40		(1) the information not be disclosed outside the
48	41		office of the requesting director or within that office for
49	42		purposes other than the purpose for which it was received;
50	43		(2) the information be labeled as confidential;
51	44		(3) the information be kept securely; or
52	45		(4) the number of copies made of the information or the
53	46		notes taken from the information that implicate the confidential
54	47		nature of the information be controlled, with all copies or notes
55	48		that are not destroyed or returned to the district remaining
56	49		confidential and subject to the confidentiality agreement.
57	50		(e) If a director or a designated district employee is
58	51		required by a special district to sign a confidentiality agreement
59	52		under Subsection (d), the director may seek a decision as provided
60	53		by Subsection (f) about whether the information covered by the
61	54		confidentiality agreement is confidential under law or otherwise
62	55		excepted from disclosure. A confidentiality agreement signed under
63	56		Subsection (d) is void to the extent that the agreement covers
64	57		information that is finally determined under Subsection (f) to not
65	58		be confidential under law or otherwise excepted from disclosure.
66	59		(f) A director may seek a decision from the attorney general
67	60		about whether the information covered by the confidentiality
68	61		agreement is confidential under law or otherwise excepted from
69	62		disclosure. The attorney general by rule shall establish
70	63		procedures and deadlines for receiving information necessary to
71	64		determine whether the information covered by the confidentiality
72	65		agreement is confidential under law or otherwise excepted from
73	66		disclosure and for receiving briefs from the requesting director,
74	67		the special district, and any other interested person. The
75	68		attorney general shall render the decision not later than the 45th
76	69		business day after the date the attorney general receives the
77	70		request for a decision. If the attorney general is unable to issue
78	71		the decision within the 45-day period, the attorney general may
79	72		during that 45-day period extend the period for issuing the
80	73		decision by an additional 10 business days by informing the
81	74		director, the special district, and any interested person who
82	75		submitted necessary information or a brief to the attorney general
83	76		of the reason for the delay. The attorney general shall issue a
84	77		written decision and provide a copy of the decision to the
85	78		requesting director, the special district, and any interested
86	79		person who submitted necessary information or a brief to the
87	80		attorney general under this subsection. The requesting director or
88	81		the special district may appeal a decision of the attorney general
89	82		under this subsection to a district court. A person may appeal a
90	83		decision of the attorney general under this subsection to a
91	84		district court if the person claims a proprietary interest in the
92	85		information affected by the decision or a privacy interest in the
93	86		information that a confidentiality law or judicial decision is
94	87		designed to protect.
95	88		(g) This section does not affect:
96	89		(1) the right of a director of a special district to
97	90		obtain information from the district under other law;
98	91		(2) the procedures under which the information is
99	92		obtained under other law; or
100	93		(3) the use that may be made of the information
101	94		obtained under other law.
102	95		(h) This section does not grant authority to a special
103	96		district to withhold information from a director of the district.
104	97		SECTION 2. Section 201.010, Local Government Code, as added
105	98		by this Act, applies only to a request for information by a director
106	99		of a special district that is made on or after the effective date of
107	100		this Act. A request for information made before the effective date
108	101		of this Act is governed by the applicable law in effect immediately
109	102		before the effective date of this Act, and that law is continued in
110	103		effect for that purpose.
111	104		SECTION 3. This Act takes effect immediately if it receives
112	105		a vote of two-thirds of all the members elected to each house, as
113	106		provided by Section 39, Article III, Texas Constitution. If this
114	107		Act does not receive the vote necessary for immediate effect, this
115	108		Act takes effect September 1, 2015.
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