89R14984 JON-F
By: Vasut H.B. No. 4310
A BILL TO BE ENTITLED
AN ACT
relating to a special right of access under the public information
law for a member of a governing board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 552, Government Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. SPECIAL RIGHT OF ACCESS BY MEMBER OF GOVERNING BOARD
Sec. 552.401. DEFINITIONS. In this subchapter:
(1) "Member of a governing board" means any individual
who is appointed, designated, or elected to direct or serve on a
board or other group of individuals that directs a governmental
body or a nongovernmental entity, including a member of the
governing body of a municipality and a county commissioner.
(2) "Nongovernmental entity" means an entity
described by Section 552.371(a).
(3) "Promptly" has the meaning described by Section
552.221(a).
Sec. 552.402. SPECIAL RIGHT OF ACCESS FOR A MEMBER OF A
GOVERNING BOARD. (a) A member of the governing board of a
governmental body or nongovernmental entity may inspect,
duplicate, or inspect and duplicate public information maintained
by the governmental body or the nongovernmental entity if the
member is acting in the member's official capacity.
(b) Public information requested under this section shall
be provided to the member promptly and without charge.
(c) If requested by the member, public information
requested under this section that is confidential under law shall
be redacted from the information provided to the member without
charge.
Sec. 552.403. CONFIDENTIAL INFORMATION. (a) A
governmental body or a nongovernmental entity that has been
requested to provide information under this subchapter may request
the member of a governing board who is receiving public information
that is confidential under law to sign a confidentiality agreement
that covers the information and requires that:
(1) the information not be disclosed;
(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.
(b) A governmental body or nongovernmental entity, by
providing public information under this subchapter that is
confidential or otherwise excepted from required disclosure under
law, does not waive or affect the confidentiality of the
information for purposes of state or federal law or waive the right
to assert exceptions to required disclosure of the information in
the future.
Sec. 552.404. DETERMINATION BY THE ATTORNEY GENERAL. (a) A
member of a governing board who has received a request under Section
552.403(a) to sign a confidentiality agreement may seek a decision
about whether the information covered by the confidentiality
agreement is confidential under law. A confidentiality agreement
signed under Section 552.403(a) is void to the extent that the
agreement covers information that is determined by the attorney
general or a court to not be confidential under law.
(b) The attorney general by rule shall establish procedures
and deadlines for receiving information necessary to decide the
matter and briefs from the member of a governing board, the
governmental body or nongovernmental entity, and any other
interested person.
(c) The attorney general shall promptly render a decision
requested under this section, determining whether the information
covered by the confidentiality agreement is confidential under law,
not later than the 45th business day after the date the attorney
general received the request for a decision under this section. The
attorney general shall issue a written decision on the matter and
provide a copy of the decision to the member, the governmental body
or nongovernmental entity, and any interested person who submitted
necessary information or a brief to the attorney general about the
matter.
(d) The member or the governmental body or nongovernmental
entity may appeal a decision of the attorney general under this
section to a Travis County district court. Any other person may
appeal a decision of the attorney general under this section to a
Travis County district court if the person claims a proprietary
interest in the information affected by the decision or a privacy
interest in the information that a confidentiality law or judicial
decision is designed to protect.
Sec. 552.405. WRIT OF MANDAMUS. (a) If a governmental body
or nongovernmental entity fails or refuses to comply with an
applicable requirement of this subchapter, a member of a governing
board who made a request under Section 552.402 may file a motion,
petition, or other appropriate pleading in a district court having
jurisdiction for a writ of mandamus to compel the body or entity to
comply with the applicable requirement.
(b) A pleading under Subsection (a) shall be brought:
(1) in Travis County for a governmental body that is a
state agency;
(2) in a county in which the governmental body is
located for a governmental body that is not a state agency; or
(3) in the county where the entity's principal office
in this state is located for a nongovernmental entity.
(c) If the member prevails under Subsection (a), the court
may award reasonable attorney's fees, expenses, and court costs.
Sec. 552.406. INFORMATION OBTAINABLE UNDER OTHER LAW. This
subchapter does not affect:
(1) the procedures under which information may be
obtained under other law; or
(2) the use that may be made of information obtained
under other law.
SECTION 2. This Act takes effect September 1, 2025.