Texas 2017 - 85th Regular

Texas House Bill HB3271 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2585 TJB-D
2	2	By: Shaheen H.B. No. 3271
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right of certain public officers to access public
8	8	information, documents, records, and property.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 6, Government Code, is amended
11	11	by adding Chapter 674 to read as follows:
12	12	CHAPTER 674. RIGHT OF ACCESS TO PUBLIC INFORMATION, BUILDINGS, AND
13	13	GROUNDS BY APPOINTED STATE BOARD MEMBERS
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 674.001. DEFINITIONS. In this chapter:
16	16	(1) "Board member" means a member of a body, including
17	17	a board, commission, or committee:
18	18	(A) with more than one member;
19	19	(B) the members of which are appointed; and
20	20	(C) that supervises, manages, or controls a state
21	21	governmental body.
22	22	(2) "Public information" has the meaning assigned by
23	23	Section 552.002.
24	24	(3) "State governmental body" means a board,
25	25	commission, department, committee, institution, agency, or office
26	26	that is within the executive branch of state government. The term
27	27	does not include a private entity that spends or is supported wholly
28	28	or partly by public funds.
29	29	SUBCHAPTER B. RIGHT OF ACCESS TO INFORMATION
30	30	Sec. 674.051. RIGHT OF ACCESS TO INFORMATION. A board
31	31	member has a right of access to information that is public
32	32	information of the state governmental body to which the member is
33	33	appointed.
34	34	Sec. 674.052. PROVISION OF INFORMATION. (a) A state
35	35	governmental body on request by a board member of the governmental
36	36	body shall provide public information, including confidential
37	37	information or information otherwise excepted from disclosure, to
38	38	the member in accordance with Chapter 552.
39	39	(b) A state governmental body, by providing public
40	40	information under this section that is confidential or otherwise
41	41	excepted from disclosure under law, does not waive or affect the
42	42	confidentiality of the information for purposes of state or federal
43	43	law or waive the right of the governmental body to assert exceptions
44	44	to disclosure of the information in the future.
45	45	Sec. 674.053. CONFIDENTIALITY AGREEMENT. (a) A state
46	46	governmental body may require a board member requesting information
47	47	under this subchapter or a designated employee of the requesting
48	48	member who will view or handle information that is received under
49	49	this subchapter and that is confidential or otherwise excepted from
50	50	disclosure under law to sign a confidentiality agreement that
51	51	covers the information and requires that:
52	52	(1) the information not be disclosed outside the
53	53	office of the requesting member;
54	54	(2) the information be labeled as confidential;
55	55	(3) the information be kept securely; or
56	56	(4) the number of copies made of the information or the
57	57	notes taken from the information that implicate the confidential
58	58	nature of the information be controlled, with all copies or notes
59	59	that are not destroyed or returned remaining confidential and
60	60	subject to the confidentiality agreement.
61	61	(b) An individual required to sign a confidentiality
62	62	agreement under Subsection (a) may seek a decision as provided by
63	63	Section 674.054 about whether the information covered by the
64	64	confidentiality agreement is confidential or otherwise excepted
65	65	from disclosure under law. A confidentiality agreement signed
66	66	under Subsection (a) is void to the extent that the agreement covers
67	67	information that is finally determined under Section 674.054 to not
68	68	be confidential or otherwise excepted from disclosure under law.
69	69	Sec. 674.054. DECISION BY ATTORNEY GENERAL REGARDING
70	70	CONFIDENTIALITY OR DISCLOSURE. (a) A board member requesting
71	71	information under this subchapter may seek a decision from the
72	72	attorney general about whether the information covered by a
73	73	confidentiality agreement under Section 674.053 is confidential or
74	74	otherwise excepted from disclosure under law.
75	75	(b) The attorney general by rule shall establish procedures
76	76	and deadlines for:
77	77	(1) receiving information necessary to determine
78	78	whether the information covered by a confidentiality agreement is
79	79	confidential or otherwise excepted from disclosure under law; and
80	80	(2) receiving briefs from a requesting board member, a
81	81	state governmental body, and any other interested person.
82	82	(c) The attorney general shall render the decision not later
83	83	than the 45th business day after the date the attorney general
84	84	receives the request for a decision. If the attorney general is
85	85	unable to issue the decision within the 45-day period, the attorney
86	86	general may during that 45-day period extend the period for issuing
87	87	the decision by an additional 10 business days by informing the
88	88	requesting board member, the state governmental body, and any
89	89	interested person who submitted necessary information or a brief to
90	90	the attorney general of the reason for the delay.
91	91	(d) The attorney general shall issue a written decision and
92	92	provide a copy of the decision to the requesting board member, the
93	93	state governmental body, and any interested person who submitted
94	94	necessary information or a brief to the attorney general under this
95	95	section.
96	96	(e) The requesting board member or the state governmental
97	97	body may appeal a decision of the attorney general under Subsection
98	98	(d) to a district court. A person may appeal a decision of the
99	99	attorney general under Subsection (d) to a district court if the
100	100	person claims a proprietary interest in the information affected by
101	101	the decision or a privacy interest in the information that a
102	102	confidentiality law or judicial decision is designed to protect.
103	103	Sec. 674.055. EFFECT OF SUBCHAPTER. (a) This subchapter
104	104	does not affect:
105	105	(1) the right of a board member to obtain information
106	106	under other law;
107	107	(2) the procedures under which the information is
108	108	obtained under other law; or
109	109	(3) the use that may be made of the information
110	110	obtained under other law.
111	111	(b) This subchapter does not grant authority to a state
112	112	governmental body to withhold information from a board member.
113	113	SUBCHAPTER C. RIGHT OF ACCESS TO PUBLIC PROPERTY
114	114	Sec. 674.101. RIGHT OF ACCESS TO PUBLIC PROPERTY.
115	115	Notwithstanding any other provision of law, a board member has a
116	116	right of access to any building, structure, room, land, or body of
117	117	water owned or leased by or under the exclusive control of the state
118	118	governmental body to which the member is appointed.
119	119	Sec. 674.102. ACCESS TO PROPERTY. (a) A person who is
120	120	authorized to control access to property described by Section
121	121	674.101 shall provide a board member of the state governmental body
122	122	access to the property if the member:
123	123	(1) requests access to the property as a board member;
124	124	and
125	125	(2) presents an acceptable form of identification
126	126	described by Section 63.0101, Election Code.
127	127	(b) The authorized person must provide access to property
128	128	under this section not later than the 10th business day following
129	129	the date the request for access is made by the requesting board
130	130	member.
131	131	SECTION 2. Subtitle C, Title 6, Local Government Code, is
132	132	amended by adding Chapter 206 to read as follows:
133	133	CHAPTER 206. RIGHT OF ACCESS TO INFORMATION BY CERTAIN PUBLIC
134	134	OFFICERS
135	135	Sec. 206.001. DEFINITIONS. In this chapter:
136	136	(1) "County governmental body":
137	137	(A) means:
138	138	(i) a county commissioners court;
139	139	(ii) a deliberative body that has
140	140	rulemaking or quasi-judicial power and that is classified as a
141	141	department, agency, or political subdivision of a county;
142	142	(iii) a county board of school trustees;
143	143	(iv) a county board of education; or
144	144	(v) the part, section, or portion of a
145	145	county, county board of school trustees, or county board of
146	146	education described by Section 552.003(1)(A)(xii), Government
147	147	Code, that is a governmental body for purposes of Chapter 552,
148	148	Government Code; and
149	149	(B) does not include:
150	150	(i) the judiciary; or
151	151	(ii) a private entity that spends or is
152	152	supported wholly or partly by public funds.
153	153	(2) "County officer" means an elected or appointed
154	154	officer of a county governmental body.
155	155	(3) "Municipal governmental body":
156	156	(A) means:
157	157	(i) the governing body of a municipality;
158	158	(ii) a deliberative body that has
159	159	rulemaking or quasi-judicial power and that is classified as a
160	160	department, agency, or political subdivision of a municipality; or
161	161	(iii) the part, section, or portion of a
162	162	municipality described by Section 552.003(1)(A)(xii), Government
163	163	Code, that is a governmental body for purposes of Chapter 552,
164	164	Government Code; and
165	165	(B) does not include:
166	166	(i) the judiciary; or
167	167	(ii) a private entity that spends or is
168	168	supported wholly or partly by public funds.
169	169	(4) "Municipal officer" means an elected or appointed
170	170	officer of a municipal governmental body.
171	171	(5) "Public information" has the meaning assigned by
172	172	Section 552.002, Government Code.
173	173	(6) "Special district" means a political subdivision
174	174	of this state that has a limited geographic area and is created by
175	175	local law or under general law for a special purpose.
176	176	(7) "Special district officer" means a member of the
177	177	governing body of a special district.
178	178	Sec. 206.002. RIGHT OF ACCESS TO INFORMATION. (a) A county
179	179	officer has a right of access to information that is public
180	180	information of the county governmental body to which the county
181	181	officer is elected or appointed.
182	182	(b) A municipal officer has a right of access to information
183	183	that is public information of the municipal governmental body to
184	184	which the municipal officer is elected or appointed.
185	185	(c) A special district officer has a right of access to
186	186	information that is public information of the district.
187	187	Sec. 206.003. PROVISION OF INFORMATION. (a) A county
188	188	governmental body on request by a county officer of the
189	189	governmental body, a municipal governmental body on request by a
190	190	municipal officer of the governmental body, or a special district
191	191	on request by a special district officer of the district shall
192	192	provide public information, including confidential information or
193	193	information otherwise excepted from disclosure, to the officer in
194	194	accordance with Chapter 552, Government Code.
195	195	(b) A county governmental body, municipal governmental
196	196	body, or special district, by providing public information under
197	197	this section that is confidential or otherwise excepted from
198	198	disclosure under law, does not waive or affect the confidentiality
199	199	of the information for purposes of state or federal law or waive the
200	200	right of the governmental body or special district to assert
201	201	exceptions to disclosure of the information in the future.
202	202	Sec. 206.004. CONFIDENTIALITY AGREEMENT. (a) A county
203	203	governmental body, municipal governmental body, or special
204	204	district may require an officer requesting information under this
205	205	chapter or a designated employee of the requesting officer who will
206	206	view or handle information that is received under this chapter and
207	207	that is confidential or otherwise excepted from disclosure under
208	208	law to sign a confidentiality agreement that covers the information
209	209	and requires that:
210	210	(1) the information not be disclosed outside the
211	211	office of the requesting officer;
212	212	(2) the information be labeled as confidential;
213	213	(3) the information be kept securely; or
214	214	(4) the number of copies made of the information or the
215	215	notes taken from the information that implicate the confidential
216	216	nature of the information be controlled, with all copies or notes
217	217	that are not destroyed or returned remaining confidential and
218	218	subject to the confidentiality agreement.
219	219	(b) An individual required to sign a confidentiality
220	220	agreement under Subsection (a) may seek a decision as provided by
221	221	Section 206.005 about whether the information covered by the
222	222	confidentiality agreement is confidential or otherwise excepted
223	223	from disclosure under law. A confidentiality agreement signed
224	224	under Subsection (a) is void to the extent that the agreement covers
225	225	information that is finally determined under Section 206.005 to not
226	226	be confidential or otherwise excepted from disclosure under law.
227	227	Sec. 206.005. DECISION BY ATTORNEY GENERAL REGARDING
228	228	CONFIDENTIALITY OR DISCLOSURE. (a) An officer requesting
229	229	information under this chapter may seek a decision from the
230	230	attorney general about whether the information covered by a
231	231	confidentiality agreement under Section 206.004 is confidential or
232	232	otherwise excepted from disclosure under law.
233	233	(b) The attorney general by rule shall establish procedures
234	234	and deadlines for:
235	235	(1) receiving information necessary to determine
236	236	whether the information covered by a confidentiality agreement is
237	237	confidential or otherwise excepted from disclosure under law; and
238	238	(2) receiving briefs from a requesting officer, a
239	239	county governmental body, municipal governmental body, or special
240	240	district, as applicable, and any other interested person.
241	241	(c) The attorney general shall render the decision not later
242	242	than the 45th business day after the date the attorney general
243	243	receives the request for a decision. If the attorney general is
244	244	unable to issue the decision within the 45-day period, the attorney
245	245	general may during that 45-day period extend the period for issuing
246	246	the decision by an additional 10 business days by informing the
247	247	requesting officer, the county governmental body, municipal
248	248	governmental body, or special district, as applicable, and any
249	249	interested person who submitted necessary information or a brief to
250	250	the attorney general of the reason for the delay.
251	251	(d) The attorney general shall issue a written decision and
252	252	provide a copy of the decision to the requesting officer, the county
253	253	governmental body, municipal governmental body, or special
254	254	district, as applicable, and any interested person who submitted
255	255	necessary information or a brief to the attorney general under this
256	256	section.
257	257	(e) The requesting officer or the county governmental body,
258	258	municipal governmental body, or special district, as applicable,
259	259	may appeal a decision of the attorney general under Subsection (d)
260	260	to a district court. A person may appeal a decision of the attorney
261	261	general under Subsection (d) to a district court if the person
262	262	claims a proprietary interest in the information affected by the
263	263	decision or a privacy interest in the information that a
264	264	confidentiality law or judicial decision is designed to protect.
265	265	Sec. 206.006. EFFECT OF CHAPTER. (a) This chapter does not
266	266	affect:
267	267	(1) the right of a county officer, municipal officer,
268	268	or special district officer to obtain information under other law;
269	269	(2) the procedures under which the information is
270	270	obtained under other law; or
271	271	(3) the use that may be made of the information
272	272	obtained under other law.
273	273	(b) This chapter does not grant authority to a county
274	274	governmental body, municipal governmental body, or special
275	275	district to withhold information from a county officer, municipal
276	276	officer, or special district officer.
277	277	SECTION 3. The heading to Subtitle C, Title 9, Local
278	278	Government Code, is amended to read as follows:
279	279	SUBTITLE C. PUBLIC BUILDINGS AND GROUNDS [BUILDING] PROVISIONS
280	280	APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT
281	281	SECTION 4. The heading to Chapter 305, Local Government
282	282	Code, is amended to read as follows:
283	283	CHAPTER 305. MISCELLANEOUS PUBLIC BUILDINGS AND GROUNDS [BUILDING]
284	284	PROVISIONS [AFFECTING MUNICIPALITIES AND COUNTIES]
285	285	SECTION 5. Chapter 305, Local Government Code, is amended
286	286	by adding Subchapter C to read as follows:
287	287	SUBCHAPTER C. RIGHT OF ACCESS TO PUBLIC PROPERTY BY CERTAIN PUBLIC
288	288	OFFICERS
289	289	Sec. 305.020. DEFINITION. In this subchapter, "political
290	290	subdivision" means a county, municipality, school district, junior
291	291	college district, other special district, or other subdivision of
292	292	state government.
293	293	Sec. 305.021. RIGHT OF ACCESS TO PUBLIC PROPERTY.
294	294	Notwithstanding any other provision of law, a member of the
295	295	governing body of a political subdivision has a right of access to
296	296	any building, structure, room, land, or body of water owned or
297	297	leased by or under the exclusive control of the political
298	298	subdivision to which the member is elected or appointed.
299	299	Sec. 305.022. ACCESS TO PROPERTY. (a) A person who is
300	300	authorized to control access to property described by Section
301	301	305.021 shall provide a member of the governing body of the
302	302	political subdivision access to the property if the member:
303	303	(1) requests access to the property as a member of the
304	304	governing body; and
305	305	(2) presents an acceptable form of identification
306	306	described by Section 63.0101, Election Code.
307	307	(b) The authorized person must provide access to property
308	308	under this section not later than the 10th business day following
309	309	the date the request for access is made by the requesting member of
310	310	the governing body.
311	311	SECTION 6. Not later than January 1, 2018, the attorney
312	312	general shall adopt rules establishing the procedures and deadlines
313	313	required by Section 674.054(b), Government Code, as added by this
314	314	Act, and Section 206.005(b), Local Government Code, as added by
315	315	this Act.
316	316	SECTION 7. Subchapter B, Chapter 674, Government Code, as
317	317	added by this Act, and Chapter 206, Local Government Code, as added
318	318	by this Act, apply only to a request for information received on or
319	319	after the effective date of this Act. A request for information
320	320	received before the effective date of this Act is governed by the
321	321	applicable law in effect immediately before the effective date of
322	322	this Act, and that law is continued in effect for that purpose.
323	323	SECTION 8. (a) Except as provided by Subsection (b) of this
324	324	section, this Act takes effect January 1, 2018.
325	325	(b) Section 6 of this Act takes effect immediately if this
326	326	Act receives a vote of two-thirds of all the members elected to each
327	327	house, as provided by Section 39, Article III, Texas Constitution.
328	328	If this Act does not receive the vote necessary for immediate
329	329	effect, Section 6 of this Act takes effect September 1, 2017.