85R738 TJB-F
By: Bonnen of Galveston H.B. No. 2742
A BILL TO BE ENTITLED
AN ACT
relating to the right of members of the legislature, the lieutenant
governor, committees of the legislature, and legislative agencies
to access certain governmental information for legislative
purposes; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Government Code, is amended
by adding Chapter 307 to read as follows:
CHAPTER 307. RIGHT OF ACCESS TO GOVERNMENTAL INFORMATION FOR
LEGISLATIVE PURPOSE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 307.001. SHORT TITLE. This chapter may be cited as the
Legislative Disclosure Act.
Sec. 307.002. DEFINITION OF GOVERNMENTAL INFORMATION; MEDIA
CONTAINING GOVERNMENTAL INFORMATION. (a) In this chapter,
"governmental information" means information that is written,
produced, collected, assembled, or maintained under a law or
ordinance or in connection with the transaction of official
business:
(1) by a governmental body;
(2) for a governmental body and the governmental body:
(A) owns the information;
(B) has a right of access to the information; or
(C) spends or contributes public money for the
purpose of writing, producing, collecting, assembling, or
maintaining the information; or
(3) by an individual officer or employee of a
governmental body in the officer's or employee's official capacity
and the information pertains to official business of the
governmental body.
(b) Information is in connection with the transaction of
official business if the information is created by, transmitted to,
received by, or maintained by an officer or employee of the
governmental body in the officer's or employee's official capacity,
or a person or entity performing official business or a
governmental function on behalf of a governmental body, and
pertains to official business of the governmental body.
(c) The definition of "governmental information" provided
by Subsection (a) applies to and includes any electronic
communication created, transmitted, received, or maintained on any
device if the communication is in connection with the transaction
of official business.
(d) The media on which governmental information is recorded
include:
(1) paper;
(2) film;
(3) a magnetic, optical, 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, silk, and vellum.
(e) The general forms in which the media containing
governmental 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.
Sec. 307.003. DEFINITIONS. In this chapter:
(1) "Governmental body," "official business," and
"public funds" have the meanings assigned by Section 552.003.
(2) "Legislative agency" means:
(A) the State Auditor's Office;
(B) the Legislative Budget Board;
(C) the Texas Legislative Council; or
(D) the Sunset Advisory Commission, including a
public member of the commission.
Sec. 307.004. FINDINGS. The legislature finds that the
ability of members of the legislature, the lieutenant governor,
committees of the legislature, and legislative agencies to access,
for legislative purposes, governmental information maintained by a
governmental body, including confidential information, is
consonant with the investigative authority delegated by the Texas
Constitution to the legislature and is essential to the legislative
deliberative process. Any impediment to legislative access to that
information is contrary to the expectations placed by the
constitution on the legislature and should be regarded as repugnant
to the essential principles of liberty and free government.
Sec. 307.005. POLICY. It is the policy of this state that a
member of the legislature, the lieutenant governor, a committee of
the legislature, or a legislative agency is entitled to access for
legislative purposes all governmental information maintained by
any governmental body, including confidential information.
Sec. 307.006. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in favor of granting a request for
governmental information.
Sec. 307.007. APPLICABILITY OF OTHER LAW. (a) Chapter 552
does not apply to a request for governmental information made under
this chapter.
(b) Notwithstanding any other provision of law, including
Section 552.0038(i) or a similar provision that provides a manner
by which to resolve a conflict between provisions of law, the
provisions of this chapter prevail to the extent of any conflict
with another provision of law.
Sec. 307.008. EFFECT OF CHAPTER. (a) This chapter does not
affect:
(1) the right of a member of the legislature, the
lieutenant governor, a committee of the legislature, or a
legislative agency to obtain information 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.
(b) This chapter does not grant authority to withhold
governmental information from a member of the legislature, the
lieutenant governor, a committee of the legislature, or a
legislative agency.
SUBCHAPTER B. RIGHT OF ACCESS TO INFORMATION FOR LEGISLATIVE
PURPOSE
Sec. 307.051. RIGHT OF ACCESS TO INFORMATION. (a) Except
as provided by Subsection (c), each member of the legislature, the
lieutenant governor, each committee of the legislature, and each
public member of a legislative agency has a right of access, for
legislative purposes, to governmental information of a
governmental body.
(b) Except for a public member described by Subsection (a)
and except as provided by Subsection (c), a legislative agency has a
right of access, for legislative purposes, to governmental
information of a governmental body other than another legislative
agency.
(c) A member of the legislature, the lieutenant governor, a
committee of the legislature, or a legislative agency is not
entitled to access to governmental information from:
(1) a member of the legislature;
(2) the lieutenant governor;
(3) a committee of the legislature;
(4) a public member of a legislative agency; or
(5) a legislative agency if the information relates
to:
(A) a request by a member of the legislature, the
lieutenant governor, a committee of the legislature, or a public
member of a legislative agency for information, advice, or opinions
from an officer or employee of the agency;
(B) information, advice, or opinions given
privately by an officer or employee of the agency to a member of the
legislature, the lieutenant governor, a committee of the
legislature, or a public member of a legislative agency; or
(C) information of a member of the legislature,
the lieutenant governor, a committee of the legislature, or a
public member of a legislative agency held by the agency.
Sec. 307.052. PROVISION OF INFORMATION. (a) Following a
request for access to information authorized by Section 307.051, a
governmental body shall provide the requested information,
including confidential information or information otherwise
excepted from disclosure, to the requestor.
(b) The requestor must state that the request is made for a
legislative purpose. The requestor is not required to specify the
legislative purpose for which the information is requested.
(c) A governmental body must provide the requested
information to the requestor promptly, but not later than:
(1) the fifth business day, or as soon as practicable
as agreed to by the governmental body and the requestor, following
the date the request is received if the request is received when the
legislature is convened in regular or special session; or
(2) the 10th business day following the date the
request is received if the request is received when the legislature
is not convened in regular or special session.
(d) A governmental body must provide the requested
information in the manner requested by the requestor.
(e) A governmental body must provide the requested
information without charge, except that a requestor is entitled to
only one paper copy of the information without charge.
Sec. 307.053. GOVERNMENTAL BODY GUIDANCE. On request of
the recipient of confidential information from a governmental body
under this subchapter, the governmental body shall provide guidance
to the recipient regarding how the information may be generalized
or modified so that the information as generalized or modified:
(1) is no longer confidential and subject to a
confidentiality agreement; and
(2) may be disclosed for a legislative purpose outside
the office of the recipient.
Sec. 307.054. CONFIDENTIALITY NOT WAIVED. A governmental
body, by providing governmental information under this subchapter
that is confidential or otherwise excepted from 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 governmental body to assert exceptions to disclosure of the
information in the future.
Sec. 307.055. CONFIDENTIALITY AGREEMENT. (a) A
governmental body may require a requestor of information under this
subchapter or a designated employee of the requestor who will view
or handle information that is received under this subchapter and
that is confidential or otherwise excepted from disclosure under
law to sign a confidentiality agreement that covers the
information.
(b) Except for a requirement prescribed by federal law, a
confidentiality agreement may only require that:
(1) the information not be disclosed outside the
office of the requestor unless the information is generalized or
modified in accordance with the guidance provided by the
governmental body under Section 307.053;
(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 remaining confidential and
subject to the confidentiality agreement.
(c) A governmental body must submit a confidentiality
agreement authorized by this section to the requestor not later
than the third business day following the date the request is
received or the governmental body waives the right to require the
requestor to sign the agreement.
(d) A confidentiality agreement signed under Subsection (a)
is void to the extent that the agreement covers information that is
finally determined under Section 307.056 to not be confidential or
otherwise excepted from disclosure under law.
Sec. 307.056. DECISION BY ATTORNEY GENERAL REGARDING
CONFIDENTIALITY OR DISCLOSURE. (a) A requestor of information
under this subchapter who is required to sign a confidentiality
agreement under Section 307.055 may seek a decision from the
attorney general about whether the information covered by the
agreement is confidential or otherwise excepted from disclosure
under law.
(b) The attorney general by rule shall establish procedures
and deadlines for:
(1) receiving information necessary to determine
whether the information covered by a confidentiality agreement is
confidential or otherwise excepted from disclosure under law; and
(2) receiving briefs from the requestor, a
governmental body providing information under this subchapter, and
any other interested person.
(c) 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
requestor, the governmental body, and any interested person who
submitted necessary information or a brief to the attorney general
of the reason for the delay.
(d) The attorney general shall issue a written decision and
provide a copy of the decision to the requestor, the governmental
body, and any interested person who submitted necessary information
or a brief to the attorney general under this section.
(e) The requestor or the governmental body may appeal a
decision of the attorney general under Subsection (d) to a district
court of Travis County. A person may appeal a decision of the
attorney general under Subsection (d) to a district court of Travis
County 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.
SUBCHAPTER C. ENFORCEMENT
Sec. 307.101. SUIT FOR WRIT OF MANDAMUS. (a) A requestor
of information under this chapter, or the attorney general on
request of the requestor, may file suit for a writ of mandamus
compelling a governmental body to provide information requested
under this chapter to which the requestor has a right of access.
(b) A suit filed by a requestor under this section to compel
the provision of information must be filed in a district court of
the county in which the main offices of the governmental body are
located. A suit filed by the attorney general under this section
must be filed in a district court of Travis County.
Sec. 307.102. DISTRIBUTION OR MISUSE OF CONFIDENTIAL
INFORMATION. (a) A person who is a recipient of confidential
information under Subchapter B commits an offense if the person
knowingly:
(1) uses the confidential information for a purpose
other than the purpose for which the information was received or for
a purpose unrelated to the law that permitted the person to obtain
access to the information, including solicitation of political
contributions or solicitation of clients;
(2) permits inspection of the confidential
information by a person who is not authorized to inspect the
information; or
(3) discloses the confidential information to a person
who is not authorized to receive the information.
(b) An offense under this section is a misdemeanor
punishable by:
(1) a fine of not more than $1,000;
(2) confinement in the county jail for not more than
six months; or
(3) both the fine and confinement.
(c) A violation under this section constitutes official
misconduct.
(d) It is a defense to prosecution for an offense under this
section that the information the actor used, permitted inspection
of, or disclosed was generalized or modified in accordance with the
guidance provided by a governmental body under Section 307.053.
SECTION 2. Section 58.0072(e), Family Code, is amended to
read as follows:
(e) The Texas Juvenile Justice Department shall grant
access to juvenile justice information for legislative purposes
under Chapter 307 [Section 552.008], Government Code.
SECTION 3. Section 321.0138(g), Government Code, is amended
to read as follows:
(g) This section does not affect any other law relating to
release of information for legislative purposes, including Chapter
307 [Section 552.008, Government Code].
SECTION 4. Section 552.012(d), Government Code, is amended
to read as follows:
(d) The attorney general shall ensure that the training is
made available. The office of the attorney general may provide the
training and may also approve any acceptable course of training
offered by a governmental body or other entity. The attorney
general shall ensure that at least one course of training approved
or provided by the attorney general is available on videotape or a
functionally similar and widely available medium at no cost. The
training must include instruction in:
(1) the general background of the legal requirements
for open records and public information;
(2) the applicability of this chapter to governmental
bodies;
(3) procedures and requirements regarding complying
with a request for information under this chapter;
(4) the role of the attorney general under this
chapter; [and]
(5) penalties and other consequences for failure to
comply with this chapter; and
(6) the requirements of Chapter 307.
SECTION 5. The following provisions of the Government Code
are repealed:
(1) Section 552.008;
(2) Section 552.264; and
(3) Sections 552.352(a-1) and (a-2).
SECTION 6. Not later than January 1, 2018, the attorney
general shall adopt rules establishing the procedures and deadlines
required by Section 307.056(b), Government Code, as added by this
Act.
SECTION 7. A request for information under Section 552.008,
Government Code, that is pending on December 31, 2017, is governed
by the applicable law in effect at the time the request was
received, and that law is continued in effect for that purpose.
SECTION 8. The repeal by this Act of Sections 552.352(a-1)
and (a-2), Government Code, does not apply to an offense committed
under those provisions before the effective date of the repeal. An
offense committed before the effective date of the repeal is
governed by Sections 552.352(a-1) and (a-2), Government Code, as
they existed on the date the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of the
repeal if any element of the offense, including obtaining access to
confidential information under former Section 552.008, Government
Code, occurred before that date.
SECTION 9. (a) Except as provided by Subsection (b) of this
section, this Act takes effect January 1, 2018.
(b) Section 6 of this Act takes effect immediately if this
Act 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, Section 6 of this Act takes effect September 1, 2017.