85R2585 TJB-D
By: Shaheen H.B. No. 3271
A BILL TO BE ENTITLED
AN ACT
relating to the right of certain public officers to access public
information, documents, records, and property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 6, Government Code, is amended
by adding Chapter 674 to read as follows:
CHAPTER 674. RIGHT OF ACCESS TO PUBLIC INFORMATION, BUILDINGS, AND
GROUNDS BY APPOINTED STATE BOARD MEMBERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 674.001. DEFINITIONS. In this chapter:
(1) "Board member" means a member of a body, including
a board, commission, or committee:
(A) with more than one member;
(B) the members of which are appointed; and
(C) that supervises, manages, or controls a state
governmental body.
(2) "Public information" has the meaning assigned by
Section 552.002.
(3) "State governmental body" means a board,
commission, department, committee, institution, agency, or office
that is within the executive branch of state government. The term
does not include a private entity that spends or is supported wholly
or partly by public funds.
SUBCHAPTER B. RIGHT OF ACCESS TO INFORMATION
Sec. 674.051. RIGHT OF ACCESS TO INFORMATION. A board
member has a right of access to information that is public
information of the state governmental body to which the member is
appointed.
Sec. 674.052. PROVISION OF INFORMATION. (a) A state
governmental body on request by a board member of the governmental
body shall provide public information, including confidential
information or information otherwise excepted from disclosure, to
the member in accordance with Chapter 552.
(b) A state governmental body, by providing public
information under this section 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. 674.053. CONFIDENTIALITY AGREEMENT. (a) A state
governmental body may require a board member requesting information
under this subchapter or a designated employee of the requesting
member 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 and requires that:
(1) the information not be disclosed outside the
office of the requesting member;
(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.
(b) An individual required to sign a confidentiality
agreement under Subsection (a) may seek a decision as provided by
Section 674.054 about whether the information covered by the
confidentiality agreement is confidential or otherwise excepted
from disclosure under law. A confidentiality agreement signed
under Subsection (a) is void to the extent that the agreement covers
information that is finally determined under Section 674.054 to not
be confidential or otherwise excepted from disclosure under law.
Sec. 674.054. DECISION BY ATTORNEY GENERAL REGARDING
CONFIDENTIALITY OR DISCLOSURE. (a) A board member requesting
information under this subchapter may seek a decision from the
attorney general about whether the information covered by a
confidentiality agreement under Section 674.053 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 a requesting board member, a
state governmental body, 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
requesting board member, the state 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 requesting board member, the
state governmental body, and any interested person who submitted
necessary information or a brief to the attorney general under this
section.
(e) The requesting board member or the state governmental
body may appeal a decision of the attorney general under Subsection
(d) to a district court. A person may appeal a decision of the
attorney general under Subsection (d) 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.
Sec. 674.055. EFFECT OF SUBCHAPTER. (a) This subchapter
does not affect:
(1) the right of a board member 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 subchapter does not grant authority to a state
governmental body to withhold information from a board member.
SUBCHAPTER C. RIGHT OF ACCESS TO PUBLIC PROPERTY
Sec. 674.101. RIGHT OF ACCESS TO PUBLIC PROPERTY.
Notwithstanding any other provision of law, a board member has a
right of access to any building, structure, room, land, or body of
water owned or leased by or under the exclusive control of the state
governmental body to which the member is appointed.
Sec. 674.102. ACCESS TO PROPERTY. (a) A person who is
authorized to control access to property described by Section
674.101 shall provide a board member of the state governmental body
access to the property if the member:
(1) requests access to the property as a board member;
and
(2) presents an acceptable form of identification
described by Section 63.0101, Election Code.
(b) The authorized person must provide access to property
under this section not later than the 10th business day following
the date the request for access is made by the requesting board
member.
SECTION 2. Subtitle C, Title 6, Local Government Code, is
amended by adding Chapter 206 to read as follows:
CHAPTER 206. RIGHT OF ACCESS TO INFORMATION BY CERTAIN PUBLIC
OFFICERS
Sec. 206.001. DEFINITIONS. In this chapter:
(1) "County governmental body":
(A) means:
(i) a county commissioners court;
(ii) a deliberative body that has
rulemaking or quasi-judicial power and that is classified as a
department, agency, or political subdivision of a county;
(iii) a county board of school trustees;
(iv) a county board of education; or
(v) the part, section, or portion of a
county, county board of school trustees, or county board of
education described by Section 552.003(1)(A)(xii), Government
Code, that is a governmental body for purposes of Chapter 552,
Government Code; and
(B) does not include:
(i) the judiciary; or
(ii) a private entity that spends or is
supported wholly or partly by public funds.
(2) "County officer" means an elected or appointed
officer of a county governmental body.
(3) "Municipal governmental body":
(A) means:
(i) the governing body of a municipality;
(ii) a deliberative body that has
rulemaking or quasi-judicial power and that is classified as a
department, agency, or political subdivision of a municipality; or
(iii) the part, section, or portion of a
municipality described by Section 552.003(1)(A)(xii), Government
Code, that is a governmental body for purposes of Chapter 552,
Government Code; and
(B) does not include:
(i) the judiciary; or
(ii) a private entity that spends or is
supported wholly or partly by public funds.
(4) "Municipal officer" means an elected or appointed
officer of a municipal governmental body.
(5) "Public information" has the meaning assigned by
Section 552.002, Government Code.
(6) "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.
(7) "Special district officer" means a member of the
governing body of a special district.
Sec. 206.002. RIGHT OF ACCESS TO INFORMATION. (a) A county
officer has a right of access to information that is public
information of the county governmental body to which the county
officer is elected or appointed.
(b) A municipal officer has a right of access to information
that is public information of the municipal governmental body to
which the municipal officer is elected or appointed.
(c) A special district officer has a right of access to
information that is public information of the district.
Sec. 206.003. PROVISION OF INFORMATION. (a) A county
governmental body on request by a county officer of the
governmental body, a municipal governmental body on request by a
municipal officer of the governmental body, or a special district
on request by a special district officer of the district shall
provide public information, including confidential information or
information otherwise excepted from disclosure, to the officer in
accordance with Chapter 552, Government Code.
(b) A county governmental body, municipal governmental
body, or special district, by providing public information under
this section 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 or special district to assert
exceptions to disclosure of the information in the future.
Sec. 206.004. CONFIDENTIALITY AGREEMENT. (a) A county
governmental body, municipal governmental body, or special
district may require an officer requesting information under this
chapter or a designated employee of the requesting officer who will
view or handle information that is received under this chapter and
that is confidential or otherwise excepted from disclosure under
law to sign a confidentiality agreement that covers the information
and requires that:
(1) the information not be disclosed outside the
office of the requesting officer;
(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.
(b) An individual required to sign a confidentiality
agreement under Subsection (a) may seek a decision as provided by
Section 206.005 about whether the information covered by the
confidentiality agreement is confidential or otherwise excepted
from disclosure under law. A confidentiality agreement signed
under Subsection (a) is void to the extent that the agreement covers
information that is finally determined under Section 206.005 to not
be confidential or otherwise excepted from disclosure under law.
Sec. 206.005. DECISION BY ATTORNEY GENERAL REGARDING
CONFIDENTIALITY OR DISCLOSURE. (a) An officer requesting
information under this chapter may seek a decision from the
attorney general about whether the information covered by a
confidentiality agreement under Section 206.004 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 a requesting officer, a
county governmental body, municipal governmental body, or special
district, as applicable, 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
requesting officer, the county governmental body, municipal
governmental body, or special district, as applicable, 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 requesting officer, the county
governmental body, municipal governmental body, or special
district, as applicable, and any interested person who submitted
necessary information or a brief to the attorney general under this
section.
(e) The requesting officer or the county governmental body,
municipal governmental body, or special district, as applicable,
may appeal a decision of the attorney general under Subsection (d)
to a district court. A person may appeal a decision of the attorney
general under Subsection (d) 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.
Sec. 206.006. EFFECT OF CHAPTER. (a) This chapter does not
affect:
(1) the right of a county officer, municipal officer,
or special district officer 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 a county
governmental body, municipal governmental body, or special
district to withhold information from a county officer, municipal
officer, or special district officer.
SECTION 3. The heading to Subtitle C, Title 9, Local
Government Code, is amended to read as follows:
SUBTITLE C. PUBLIC BUILDINGS AND GROUNDS [BUILDING] PROVISIONS
APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT
SECTION 4. The heading to Chapter 305, Local Government
Code, is amended to read as follows:
CHAPTER 305. MISCELLANEOUS PUBLIC BUILDINGS AND GROUNDS [BUILDING]
PROVISIONS [AFFECTING MUNICIPALITIES AND COUNTIES]
SECTION 5. Chapter 305, Local Government Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. RIGHT OF ACCESS TO PUBLIC PROPERTY BY CERTAIN PUBLIC
OFFICERS
Sec. 305.020. DEFINITION. In this subchapter, "political
subdivision" means a county, municipality, school district, junior
college district, other special district, or other subdivision of
state government.
Sec. 305.021. RIGHT OF ACCESS TO PUBLIC PROPERTY.
Notwithstanding any other provision of law, a member of the
governing body of a political subdivision has a right of access to
any building, structure, room, land, or body of water owned or
leased by or under the exclusive control of the political
subdivision to which the member is elected or appointed.
Sec. 305.022. ACCESS TO PROPERTY. (a) A person who is
authorized to control access to property described by Section
305.021 shall provide a member of the governing body of the
political subdivision access to the property if the member:
(1) requests access to the property as a member of the
governing body; and
(2) presents an acceptable form of identification
described by Section 63.0101, Election Code.
(b) The authorized person must provide access to property
under this section not later than the 10th business day following
the date the request for access is made by the requesting member of
the governing body.
SECTION 6. Not later than January 1, 2018, the attorney
general shall adopt rules establishing the procedures and deadlines
required by Section 674.054(b), Government Code, as added by this
Act, and Section 206.005(b), Local Government Code, as added by
this Act.
SECTION 7. Subchapter B, Chapter 674, Government Code, as
added by this Act, and Chapter 206, Local Government Code, as added
by this Act, apply only to a request for information received on or
after the effective date of this Act. A request for information
received 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 8. (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.