By: Taylor of Collin S.B. No. 337
(In the Senate - Filed January 23, 2015; February 2, 2015,
read first time and referred to Committee on Business and Commerce;
April 9, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 9, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 337 By: Seliger
A BILL TO BE ENTITLED
AN ACT
relating to the right of directors of special districts to obtain
district information, documents, and records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 201, Local Government Code, is amended
by adding Section 201.010 to read as follows:
Sec. 201.010. SPECIAL RIGHT OF ACCESS TO DISTRICT
INFORMATION BY DISTRICT DIRECTOR. (a) In this section:
(1) "Board" means the governing body of a special
district.
(2) "Director" means a board member.
(3) "Public information" has the meaning assigned by
Section 552.002, Government Code.
(4) "Special district" means a political subdivision
of this state that has a limited geographic area and is created by
local law or under general law for a special purpose. The term does
not include a school district or hospital district.
(b) A director of a special district has a right of access to
information that is public information of the district.
(c) A special district on request by a director of the
district shall provide public information, including confidential
information or information otherwise excepted from disclosure, to
the director in accordance with Chapter 552, Government Code.
(d) A special district, by providing public information to a
director under this section that is confidential or otherwise
excepted from required disclosure under law, does not waive or
affect the confidentiality of the information for purposes of state
or federal law or waive the right of the district to assert
exceptions to required disclosure of the information in the future.
The district may require the requesting director or a designated
district employee of the requesting director who will view or
handle information that is received under this section and that is
confidential under law or otherwise excepted from disclosure to
sign a confidentiality agreement that covers the information and
requires that:
(1) the information not be disclosed outside the
office of the requesting director or within that office for
purposes other than the purpose for which it was received;
(2) the information be labeled as confidential;
(3) the information be kept securely; or
(4) the number of copies made of the information or the
notes taken from the information that implicate the confidential
nature of the information be controlled, with all copies or notes
that are not destroyed or returned to the district remaining
confidential and subject to the confidentiality agreement.
(e) If a director or a designated district employee is
required by a special district to sign a confidentiality agreement
under Subsection (d), the director may seek a decision as provided
by Subsection (f) about whether the information covered by the
confidentiality agreement is confidential under law or otherwise
excepted from disclosure. A confidentiality agreement signed under
Subsection (d) is void to the extent that the agreement covers
information that is finally determined under Subsection (f) to not
be confidential under law or otherwise excepted from disclosure.
(f) A director may seek a decision from the attorney general
about whether the information covered by the confidentiality
agreement is confidential under law or otherwise excepted from
disclosure. The attorney general by rule shall establish
procedures and deadlines for receiving information necessary to
determine whether the information covered by the confidentiality
agreement is confidential under law or otherwise excepted from
disclosure and for receiving briefs from the requesting director,
the special district, and any other interested person. The
attorney general shall render the decision not later than the 45th
business day after the date the attorney general receives the
request for a decision. If the attorney general is unable to issue
the decision within the 45-day period, the attorney general may
during that 45-day period extend the period for issuing the
decision by an additional 10 business days by informing the
director, the special district, and any interested person who
submitted necessary information or a brief to the attorney general
of the reason for the delay. The attorney general shall issue a
written decision and provide a copy of the decision to the
requesting director, the special district, and any interested
person who submitted necessary information or a brief to the
attorney general under this subsection. The requesting director or
the special district may appeal a decision of the attorney general
under this subsection to a district court. A person may appeal a
decision of the attorney general under this subsection to a
district court if the person claims a proprietary interest in the
information affected by the decision or a privacy interest in the
information that a confidentiality law or judicial decision is
designed to protect.
(g) This section does not affect:
(1) the right of a director of a special district to
obtain information from the district under other law;
(2) the procedures under which the information is
obtained under other law; or
(3) the use that may be made of the information
obtained under other law.
(h) This section does not grant authority to a special
district to withhold information from a director of the district.
SECTION 2. Section 201.010, Local Government Code, as added
by this Act, applies only to a request for information by a director
of a special district that is made on or after the effective date of
this Act. A request for information made before the effective date
of this Act is governed by the applicable law in effect immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 3. 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, 2015.
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