85R940 SRS-D
By: Schofield H.B. No. 3384
A BILL TO BE ENTITLED
AN ACT
relating to access to certain independent school district
information by a member of the board of trustees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.1512, Education Code, is amended by
amending Subsection (c) and adding Subsections (c-1) and (c-2) to
read as follows:
(c) A member of the board of trustees of the district, when
acting in the member's official capacity, has an inherent right of
access to information, documents, and records maintained by the
district, and the district shall provide the information,
documents, and records to the member without requiring the member
to submit a public information request under Chapter 552,
Government Code. The district shall provide the information,
documents, and records to the member, not later than the 10th day
after the date the request is received, without regard to whether
the requested items are the subject of or relate to an item listed
on an agenda for an upcoming meeting.
(c-1) If a district does not provide requested information
to a member of the board of trustees in the time required under
Subsection (c), the member may bring suit against the district for
appropriate injunctive relief. A member who prevails in a suit
under this subsection is entitled to recover court costs and
reasonable attorney's fees. The district shall pay the costs and
fees from the budget of the superintendent's office.
(c-2) A board member shall maintain the confidentiality of
information, documents, and records received under Subsection (c)
as required by [The district may withhold or redact information, a
document, or a record requested by a member of the board to the
extent that the item is excepted from disclosure or is confidential
under Chapter 552, Government Code, or other law. This subsection
does not require the district to provide information, documents,
and records that are not subject to disclosure under] the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
1232g) and any other applicable privacy laws.
SECTION 2. The changes in law made 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 law in effect when the request
was received, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2017.