| 1 | 1 | | 85R940 SRS-D |
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| 2 | 2 | | By: Schofield H.B. No. 3384 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to access to certain independent school district |
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| 8 | 8 | | information by a member of the board of trustees. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 11.1512, Education Code, is amended by |
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| 11 | 11 | | amending Subsection (c) and adding Subsections (c-1) and (c-2) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (c) A member of the board of trustees of the district, when |
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| 14 | 14 | | acting in the member's official capacity, has an inherent right of |
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| 15 | 15 | | access to information, documents, and records maintained by the |
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| 16 | 16 | | district, and the district shall provide the information, |
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| 17 | 17 | | documents, and records to the member without requiring the member |
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| 18 | 18 | | to submit a public information request under Chapter 552, |
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| 19 | 19 | | Government Code. The district shall provide the information, |
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| 20 | 20 | | documents, and records to the member, not later than the 10th day |
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| 21 | 21 | | after the date the request is received, without regard to whether |
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| 22 | 22 | | the requested items are the subject of or relate to an item listed |
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| 23 | 23 | | on an agenda for an upcoming meeting. |
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| 24 | 24 | | (c-1) If a district does not provide requested information |
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| 25 | 25 | | to a member of the board of trustees in the time required under |
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| 26 | 26 | | Subsection (c), the member may bring suit against the district for |
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| 27 | 27 | | appropriate injunctive relief. A member who prevails in a suit |
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| 28 | 28 | | under this subsection is entitled to recover court costs and |
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| 29 | 29 | | reasonable attorney's fees. The district shall pay the costs and |
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| 30 | 30 | | fees from the budget of the superintendent's office. |
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| 31 | 31 | | (c-2) A board member shall maintain the confidentiality of |
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| 32 | 32 | | information, documents, and records received under Subsection (c) |
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| 33 | 33 | | as required by [The district may withhold or redact information, a |
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| 34 | 34 | | document, or a record requested by a member of the board to the |
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| 35 | 35 | | extent that the item is excepted from disclosure or is confidential |
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| 36 | 36 | | under Chapter 552, Government Code, or other law. This subsection |
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| 37 | 37 | | does not require the district to provide information, documents, |
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| 38 | 38 | | and records that are not subject to disclosure under] the Family |
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| 39 | 39 | | Educational Rights and Privacy Act of 1974 (20 U.S.C. Section |
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| 40 | 40 | | 1232g) and any other applicable privacy laws. |
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| 41 | 41 | | SECTION 2. The changes in law made by this Act apply only to |
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| 42 | 42 | | a request for information received on or after the effective date of |
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| 43 | 43 | | this Act. A request for information received before the effective |
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| 44 | 44 | | date of this Act is governed by the law in effect when the request |
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| 45 | 45 | | was received, and the former law is continued in effect for that |
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| 46 | 46 | | purpose. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2017. |
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