Texas 2017 - 85th Regular

Texas House Bill HB4066 Compare Versions

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

Old	New	Differences
1	1	85R8673 TJB-F
2	2	By: Gooden H.B. No. 4066
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right of certain elected public officers to
8	8	information of certain governmental and public entities; creating a
9	9	criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle A, Title 6, Government Code, is amended
12	12	by adding Chapter 620 to read as follows:
13	13	CHAPTER 620. RIGHT TO INFORMATION BY ELECTED OFFICERS OF GOVERNING
14	14	BODIES
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 620.001. DEFINITIONS. In this chapter:
17	17	(1) "Governmental entity" means a state governmental
18	18	body or a political subdivision of this state.
19	19	(2) "Information" means information that is written,
20	20	recorded, produced, collected, assembled, or maintained by or for a
21	21	governmental entity or public entity that the governmental or
22	22	public entity possesses or is authorized to possess, including:
23	23	(A) any physical or electronic document,
24	24	message, report, book, photograph, recording, drawing, diagram, or
25	25	item of data stored electronically; and
26	26	(B) any electronic communication created,
27	27	transmitted, received, or maintained on any device if the
28	28	communication is in connection with the transaction of official
29	29	business of the governmental or public entity.
30	30	(3) "Public entity" means an entity created by a
31	31	governmental entity.
32	32	(4) "Public officer" means an elected member of the
33	33	governing body of:
34	34	(A) a board, commission, or other body with more
35	35	than one member that supervises, manages, or controls a state
36	36	governmental body; or
37	37	(B) a political subdivision of this state.
38	38	(5) "State governmental body" means a board,
39	39	commission, department, committee, institution, agency, or office
40	40	that is within the executive branch of state government.
41	41	Sec. 620.002. APPLICABILITY OF OTHER LAW. (a) Chapter 552
42	42	does not apply to a request for information made under this chapter.
43	43	(b) Notwithstanding any other provision of law, including a
44	44	provision that provides a manner by which to resolve a conflict
45	45	between provisions of law, the provisions of this chapter prevail
46	46	to the extent of any conflict with another provision of law.
47	47	Sec. 620.003. EFFECT OF CHAPTER. (a) This chapter does not
48	48	affect:
49	49	(1) the right of a public officer to obtain
50	50	information under other law;
51	51	(2) the procedures under which the information is
52	52	obtained under other law; or
53	53	(3) the use that may be made of the information
54	54	obtained under other law.
55	55	(b) This chapter does not grant authority to withhold
56	56	information from a public officer.
57	57	SUBCHAPTER B. RIGHT TO INFORMATION
58	58	Sec. 620.051. RIGHT TO INFORMATION FROM GOVERNMENTAL
59	59	ENTITY. (a) A public officer has a right of access to information
60	60	of the governmental entity to which the officer is elected.
61	61	(b) A public officer has a right to require the governmental
62	62	entity to which the officer is elected to compile, analyze,
63	63	describe, report, summarize, or otherwise manipulate and prepare
64	64	information of the governmental entity for the officer.
65	65	(c) This section does not affect the inherent oversight
66	66	authority that a member of a governing body has over the
67	67	governmental entity to which the officer is elected.
68	68	Sec. 620.052. RIGHT TO INFORMATION FROM PUBLIC ENTITY. (a)
69	69	A public officer has a right of access to information of a public
70	70	entity created by the governmental entity to which the officer is
71	71	elected.
72	72	(b) A public officer has a right to require a public entity
73	73	created by the governmental entity to which the officer is elected
74	74	to compile, analyze, describe, report, summarize, or otherwise
75	75	manipulate and prepare information of the public entity for the
76	76	officer.
77	77	Sec. 620.053. PROVISION OF INFORMATION. (a) Following a
78	78	request for information authorized by this subchapter, the
79	79	governmental or public entity that received the request shall
80	80	provide the requested information, including confidential
81	81	information or information otherwise excepted from disclosure, to
82	82	the requestor.
83	83	(b) The requestor is not required to specify the purpose for
84	84	which the information is requested.
85	85	(c) A governmental or public entity must provide requested
86	86	information to a requestor promptly, but not later than the seventh
87	87	day, or as soon as practicable as agreed to by the governmental or
88	88	public entity and the requestor, following the date the request is
89	89	received.
90	90	(d) A governmental or public entity must provide requested
91	91	information in the manner and format requested by the requestor,
92	92	including:
93	93	(1) by allowing the requestor unrestricted access to
94	94	any physical information of the governmental or public entity;
95	95	(2) by allowing the requestor to make copies or other
96	96	reproductions of the information; and
97	97	(3) by manipulating or preparing information as
98	98	authorized by Sections 620.051(b) and 620.052(b).
99	99	(e) A governmental or public entity must provide
100	100	information under this section without charge to the requestor.
101	101	(f) A governmental or public entity may not require a
102	102	requestor to sign a confidentiality agreement in order to receive
103	103	information requested under this subchapter.
104	104	(g) A public officer who receives confidential information
105	105	under this subchapter must use the information only in a manner that
106	106	maintains the confidential nature of the information and may not
107	107	disclose or release the information to the public.
108	108	Sec. 620.054. RELEASE OF CONFIDENTIAL INFORMATION TO
109	109	ATTORNEY OF PUBLIC OFFICER. (a) A public officer has the right to
110	110	release information received from a governmental or public entity
111	111	under this subchapter to the officer's attorney for the purpose of
112	112	receiving legal advice.
113	113	(b) A public officer may not release information to the
114	114	officer's attorney unless:
115	115	(1) the officer has notified the governmental or
116	116	public entity that provided the information to the officer that the
117	117	officer intends to release the information to the attorney; and
118	118	(2) the governmental or public entity has:
119	119	(A) authorized the release of the information; or
120	120	(B) received from the attorney an executed
121	121	confidentiality agreement authorized by Section 620.055.
122	122	(c) A governmental or public entity must authorize the
123	123	release of information or submit a confidentiality agreement
124	124	authorized by Section 620.055 to the public officer's attorney not
125	125	later than the third business day following the date the officer
126	126	notifies the governmental or public entity that the officer intends
127	127	to release the information or the governmental or public entity
128	128	waives the right to require the attorney to sign the agreement.
129	129	(d) An attorney who receives confidential information under
130	130	this section, including information excepted from disclosure under
131	131	law and covered by a confidentiality agreement, must use the
132	132	information only in a manner that maintains the confidential nature
133	133	of the information and may not disclose or release the information
134	134	to the public.
135	135	Sec. 620.055. CONFIDENTIALITY AGREEMENT. (a) A
136	136	governmental or public entity may require an attorney who receives
137	137	information from a public officer under this subchapter that is
138	138	confidential or otherwise excepted from disclosure under law to
139	139	sign a confidentiality agreement that covers the information.
140	140	(b) Except for a requirement prescribed by federal law, a
141	141	confidentiality agreement may only require that:
142	142	(1) the information not be disclosed by the public
143	143	officer's attorney;
144	144	(2) the information be labeled as confidential;
145	145	(3) the information be kept securely; or
146	146	(4) the number of copies made of the information or the
147	147	notes taken from the information that implicate the confidential
148	148	nature of the information be controlled, with all copies or notes
149	149	that are not destroyed or returned remaining confidential and
150	150	subject to the confidentiality agreement.
151	151	(c) A confidentiality agreement signed under Subsection (a)
152	152	is void to the extent that the agreement covers information that is
153	153	finally determined under Section 620.056 to not be confidential or
154	154	otherwise excepted from disclosure under law.
155	155	Sec. 620.056. DECISION BY ATTORNEY GENERAL REGARDING
156	156	CONFIDENTIALITY OR DISCLOSURE. (a) An attorney who is required to
157	157	sign a confidentiality agreement under Section 620.055 may seek a
158	158	decision from the attorney general about whether the information
159	159	covered by the agreement is confidential or otherwise excepted from
160	160	disclosure under law.
161	161	(b) The attorney general by rule shall establish procedures
162	162	and deadlines for:
163	163	(1) receiving information necessary to determine
164	164	whether the information covered by a confidentiality agreement is
165	165	confidential or otherwise excepted from disclosure under law; and
166	166	(2) receiving briefs from the public officer who
167	167	requested the information, the officer's attorney, a governmental
168	168	or public entity providing information under this subchapter, and
169	169	any other interested person.
170	170	(c) The attorney general shall render the decision not later
171	171	than the 45th business day after the date the attorney general
172	172	receives the request for a decision. If the attorney general is
173	173	unable to issue the decision within the 45-day period, the attorney
174	174	general may during that 45-day period extend the period for issuing
175	175	the decision by an additional 10 business days by informing the
176	176	public officer who requested the information, the officer's
177	177	attorney, the governmental or public entity, and any interested
178	178	person who submitted necessary information or a brief to the
179	179	attorney general of the reason for the delay.
180	180	(d) The attorney general shall issue a written decision and
181	181	provide a copy of the decision to the public officer who requested
182	182	the information, the officer's attorney, the governmental or public
183	183	entity, and any interested person who submitted necessary
184	184	information or a brief to the attorney general under this section.
185	185	(e) The public officer's attorney or the governmental or
186	186	public entity may appeal a decision of the attorney general under
187	187	Subsection (d) to a district court of Travis County.
188	188	Sec. 620.057. CONFIDENTIALITY NOT WAIVED. A governmental
189	189	or public entity, by providing information under this subchapter
190	190	that is confidential or otherwise excepted from disclosure under
191	191	law, does not waive or affect the confidentiality of the
192	192	information for purposes of state or federal law or waive the right
193	193	of the governmental or public entity to assert exceptions to
194	194	disclosure of the information in the future.
195	195	SUBCHAPTER C. ENFORCEMENT
196	196	Sec. 620.101. SUIT FOR WRIT OF MANDAMUS. (a) A person , or
197	197	the attorney general on request of the person, may file suit for a
198	198	writ of mandamus compelling a governmental or public entity to
199	199	provide information requested under this chapter to which the
200	200	person has a right.
201	201	(b) A suit filed by a person under this section to compel the
202	202	provision of information must be filed in a district court of the
203	203	county in which the main offices of the governmental or public
204	204	entity are located. A suit filed by the attorney general under this
205	205	section must be filed in a district court of Travis County.
206	206	Sec. 620.102. FAILURE OR REFUSAL TO PROVIDE INFORMATION.
207	207	(a) A person who is an officer for public information under Chapter
208	208	552 for a governmental or public entity, or the officer's agent,
209	209	commits an offense if, with criminal negligence, the officer or the
210	210	officer's agent fails or refuses to provide information to a public
211	211	officer as provided by this chapter.
212	212	(b) An offense under this section is a Class A misdemeanor.
213	213	SECTION 2. Not later than January 1, 2018, the attorney
214	214	general shall adopt rules establishing the procedures and deadlines
215	215	required by Section 620.056(b), Government Code, as added by this
216	216	Act.
217	217	SECTION 3. (a) Except as provided by Subsection (b) of this
218	218	section, this Act takes effect January 1, 2018.
219	219	(b) Section 2 of this Act takes effect immediately if this
220	220	Act receives a vote of two-thirds of all the members elected to each
221	221	house, as provided by Section 39, Article III, Texas Constitution.
222	222	If this Act does not receive the vote necessary for immediate
223	223	effect, Section 2 of this Act takes effect September 1, 2017.