85R8673 TJB-F
By: Gooden H.B. No. 4066
A BILL TO BE ENTITLED
AN ACT
relating to the right of certain elected public officers to
information of certain governmental and public entities; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Government Code, is amended
by adding Chapter 620 to read as follows:
CHAPTER 620. RIGHT TO INFORMATION BY ELECTED OFFICERS OF GOVERNING
BODIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 620.001. DEFINITIONS. In this chapter:
(1) "Governmental entity" means a state governmental
body or a political subdivision of this state.
(2) "Information" means information that is written,
recorded, produced, collected, assembled, or maintained by or for a
governmental entity or public entity that the governmental or
public entity possesses or is authorized to possess, including:
(A) any physical or electronic document,
message, report, book, photograph, recording, drawing, diagram, or
item of data stored electronically; and
(B) any electronic communication created,
transmitted, received, or maintained on any device if the
communication is in connection with the transaction of official
business of the governmental or public entity.
(3) "Public entity" means an entity created by a
governmental entity.
(4) "Public officer" means an elected member of the
governing body of:
(A) a board, commission, or other body with more
than one member that supervises, manages, or controls a state
governmental body; or
(B) a political subdivision of this state.
(5) "State governmental body" means a board,
commission, department, committee, institution, agency, or office
that is within the executive branch of state government.
Sec. 620.002. APPLICABILITY OF OTHER LAW. (a) Chapter 552
does not apply to a request for information made under this chapter.
(b) Notwithstanding any other provision of law, including a
provision that provides a manner by which to resolve a conflict
between provisions of law, the provisions of this chapter prevail
to the extent of any conflict with another provision of law.
Sec. 620.003. EFFECT OF CHAPTER. (a) This chapter does not
affect:
(1) the right of a public 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 withhold
information from a public officer.
SUBCHAPTER B. RIGHT TO INFORMATION
Sec. 620.051. RIGHT TO INFORMATION FROM GOVERNMENTAL
ENTITY. (a) A public officer has a right of access to information
of the governmental entity to which the officer is elected.
(b) A public officer has a right to require the governmental
entity to which the officer is elected to compile, analyze,
describe, report, summarize, or otherwise manipulate and prepare
information of the governmental entity for the officer.
(c) This section does not affect the inherent oversight
authority that a member of a governing body has over the
governmental entity to which the officer is elected.
Sec. 620.052. RIGHT TO INFORMATION FROM PUBLIC ENTITY. (a)
A public officer has a right of access to information of a public
entity created by the governmental entity to which the officer is
elected.
(b) A public officer has a right to require a public entity
created by the governmental entity to which the officer is elected
to compile, analyze, describe, report, summarize, or otherwise
manipulate and prepare information of the public entity for the
officer.
Sec. 620.053. PROVISION OF INFORMATION. (a) Following a
request for information authorized by this subchapter, the
governmental or public entity that received the request shall
provide the requested information, including confidential
information or information otherwise excepted from disclosure, to
the requestor.
(b) The requestor is not required to specify the purpose for
which the information is requested.
(c) A governmental or public entity must provide requested
information to a requestor promptly, but not later than the seventh
day, or as soon as practicable as agreed to by the governmental or
public entity and the requestor, following the date the request is
received.
(d) A governmental or public entity must provide requested
information in the manner and format requested by the requestor,
including:
(1) by allowing the requestor unrestricted access to
any physical information of the governmental or public entity;
(2) by allowing the requestor to make copies or other
reproductions of the information; and
(3) by manipulating or preparing information as
authorized by Sections 620.051(b) and 620.052(b).
(e) A governmental or public entity must provide
information under this section without charge to the requestor.
(f) A governmental or public entity may not require a
requestor to sign a confidentiality agreement in order to receive
information requested under this subchapter.
(g) A public officer who receives confidential information
under this subchapter must use the information only in a manner that
maintains the confidential nature of the information and may not
disclose or release the information to the public.
Sec. 620.054. RELEASE OF CONFIDENTIAL INFORMATION TO
ATTORNEY OF PUBLIC OFFICER. (a) A public officer has the right to
release information received from a governmental or public entity
under this subchapter to the officer's attorney for the purpose of
receiving legal advice.
(b) A public officer may not release information to the
officer's attorney unless:
(1) the officer has notified the governmental or
public entity that provided the information to the officer that the
officer intends to release the information to the attorney; and
(2) the governmental or public entity has:
(A) authorized the release of the information; or
(B) received from the attorney an executed
confidentiality agreement authorized by Section 620.055.
(c) A governmental or public entity must authorize the
release of information or submit a confidentiality agreement
authorized by Section 620.055 to the public officer's attorney not
later than the third business day following the date the officer
notifies the governmental or public entity that the officer intends
to release the information or the governmental or public entity
waives the right to require the attorney to sign the agreement.
(d) An attorney who receives confidential information under
this section, including information excepted from disclosure under
law and covered by a confidentiality agreement, must use the
information only in a manner that maintains the confidential nature
of the information and may not disclose or release the information
to the public.
Sec. 620.055. CONFIDENTIALITY AGREEMENT. (a) A
governmental or public entity may require an attorney who receives
information from a public officer under this subchapter that is
confidential or otherwise excepted from disclosure under law to
sign a confidentiality agreement that covers the information.
(b) Except for a requirement prescribed by federal law, a
confidentiality agreement may only require that:
(1) the information not be disclosed by the public
officer's attorney;
(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.
(c) A confidentiality agreement signed under Subsection (a)
is void to the extent that the agreement covers information that is
finally determined under Section 620.056 to not be confidential or
otherwise excepted from disclosure under law.
Sec. 620.056. DECISION BY ATTORNEY GENERAL REGARDING
CONFIDENTIALITY OR DISCLOSURE. (a) An attorney who is required to
sign a confidentiality agreement under Section 620.055 may seek a
decision from the attorney general about whether the information
covered by the agreement 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 the public officer who
requested the information, the officer's attorney, a governmental
or public entity providing information under this subchapter, 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
public officer who requested the information, the officer's
attorney, the governmental or public entity, 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 public officer who requested
the information, the officer's attorney, the governmental or public
entity, and any interested person who submitted necessary
information or a brief to the attorney general under this section.
(e) The public officer's attorney or the governmental or
public entity may appeal a decision of the attorney general under
Subsection (d) to a district court of Travis County.
Sec. 620.057. CONFIDENTIALITY NOT WAIVED. A governmental
or public entity, by providing information under this subchapter
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 or public entity to assert exceptions to
disclosure of the information in the future.
SUBCHAPTER C. ENFORCEMENT
Sec. 620.101. SUIT FOR WRIT OF MANDAMUS. (a) A person , or
the attorney general on request of the person, may file suit for a
writ of mandamus compelling a governmental or public entity to
provide information requested under this chapter to which the
person has a right.
(b) A suit filed by a person under this section to compel the
provision of information must be filed in a district court of the
county in which the main offices of the governmental or public
entity are located. A suit filed by the attorney general under this
section must be filed in a district court of Travis County.
Sec. 620.102. FAILURE OR REFUSAL TO PROVIDE INFORMATION.
(a) A person who is an officer for public information under Chapter
552 for a governmental or public entity, or the officer's agent,
commits an offense if, with criminal negligence, the officer or the
officer's agent fails or refuses to provide information to a public
officer as provided by this chapter.
(b) An offense under this section is a Class A misdemeanor.
SECTION 2. Not later than January 1, 2018, the attorney
general shall adopt rules establishing the procedures and deadlines
required by Section 620.056(b), Government Code, as added by this
Act.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect January 1, 2018.
(b) Section 2 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 2 of this Act takes effect September 1, 2017.