85R13277 TJB-D
By: Hall S.B. No. 1357
A BILL TO BE ENTITLED
AN ACT
relating to the right of public officers to information of certain
governmental 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 OR APPOINTED 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 that the governmental 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 entity.
(3) "Public officer" means an elected or appointed
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.
(4) "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 or
appointed.
(b) A public officer is not required to obtain approval from
the governing body of the governmental entity to which the officer
is elected or appointed to request or obtain information to which
the officer has a right under this section. The governing body or
governmental entity may not adopt or enforce any measure that would
prohibit or otherwise limit the ability of the officer to request or
obtain information under this chapter.
Sec. 620.052. PROVISION OF INFORMATION. (a) Following a
request for information authorized by this subchapter, the
governmental 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 entity must provide requested
information to a requestor promptly, but not later than the 10th
business day, or as soon as practicable as agreed to by the
governmental entity and the requestor, following the date the
request is received.
(d) A governmental 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 entity; and
(2) by allowing the requestor to make copies or other
reproductions of the information.
(e) A governmental entity must provide information under
this section without charge to the requestor.
(f) In providing information under this section, the
governmental entity must provide only the specific information
requested by the requestor and shall ensure that the information
provided does not include extraneous or unrequested information.
The governmental entity may request assistance from the requestor
in determining what information is specific to the request.
(g) A governmental entity may not require a requestor to
sign a confidentiality agreement in order to receive information
requested under this subchapter.
(h) 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. 620.053. CONFIDENTIALITY NOT WAIVED. A governmental
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 entity to assert exceptions to disclosure of the
information in the future.
SUBCHAPTER C. ENFORCEMENT
Sec. 620.101. FAILURE OR REFUSAL TO PROVIDE INFORMATION.
(a) A person who is an officer for public information under Chapter
552 for a governmental 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. This Act takes effect immediately if it 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, this
Act takes effect September 1, 2017.