Texas 2025 - 89th Regular

Texas Senate Bill SB2113 Compare Versions

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

Old	New	Differences
1	1	89R14984 JON-F
2	2	By: Hughes S.B. No. 2113
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a special right of access under the public information
10	10	law for a member of a governing board.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 552, Government Code, is amended by
13	13	adding Subchapter K to read as follows:
14	14	SUBCHAPTER K. SPECIAL RIGHT OF ACCESS BY MEMBER OF GOVERNING BOARD
15	15	Sec. 552.401. DEFINITIONS. In this subchapter:
16	16	(1) "Member of a governing board" means any individual
17	17	who is appointed, designated, or elected to direct or serve on a
18	18	board or other group of individuals that directs a governmental
19	19	body or a nongovernmental entity, including a member of the
20	20	governing body of a municipality and a county commissioner.
21	21	(2) "Nongovernmental entity" means an entity
22	22	described by Section 552.371(a).
23	23	(3) "Promptly" has the meaning described by Section
24	24	552.221(a).
25	25	Sec. 552.402. SPECIAL RIGHT OF ACCESS FOR A MEMBER OF A
26	26	GOVERNING BOARD. (a) A member of the governing board of a
27	27	governmental body or nongovernmental entity may inspect,
28	28	duplicate, or inspect and duplicate public information maintained
29	29	by the governmental body or the nongovernmental entity if the
30	30	member is acting in the member's official capacity.
31	31	(b) Public information requested under this section shall
32	32	be provided to the member promptly and without charge.
33	33	(c) If requested by the member, public information
34	34	requested under this section that is confidential under law shall
35	35	be redacted from the information provided to the member without
36	36	charge.
37	37	Sec. 552.403. CONFIDENTIAL INFORMATION. (a) A
38	38	governmental body or a nongovernmental entity that has been
39	39	requested to provide information under this subchapter may request
40	40	the member of a governing board who is receiving public information
41	41	that is confidential under law to sign a confidentiality agreement
42	42	that covers the information and requires that:
43	43	(1) the information not be disclosed;
44	44	(2) the information be labeled as confidential;
45	45	(3) the information be kept securely; or
46	46	(4) the number of copies made of the information or the
47	47	notes taken from the information that implicate the confidential
48	48	nature of the information be controlled, with all copies or notes
49	49	that are not destroyed or returned remaining confidential and
50	50	subject to the confidentiality agreement.
51	51	(b) A governmental body or nongovernmental entity, by
52	52	providing public information under this subchapter that is
53	53	confidential or otherwise excepted from required disclosure under
54	54	law, does not waive or affect the confidentiality of the
55	55	information for purposes of state or federal law or waive the right
56	56	to assert exceptions to required disclosure of the information in
57	57	the future.
58	58	Sec. 552.404. DETERMINATION BY THE ATTORNEY GENERAL. (a) A
59	59	member of a governing board who has received a request under Section
60	60	552.403(a) to sign a confidentiality agreement may seek a decision
61	61	about whether the information covered by the confidentiality
62	62	agreement is confidential under law. A confidentiality agreement
63	63	signed under Section 552.403(a) is void to the extent that the
64	64	agreement covers information that is determined by the attorney
65	65	general or a court to not be confidential under law.
66	66	(b) The attorney general by rule shall establish procedures
67	67	and deadlines for receiving information necessary to decide the
68	68	matter and briefs from the member of a governing board, the
69	69	governmental body or nongovernmental entity, and any other
70	70	interested person.
71	71	(c) The attorney general shall promptly render a decision
72	72	requested under this section, determining whether the information
73	73	covered by the confidentiality agreement is confidential under law,
74	74	not later than the 45th business day after the date the attorney
75	75	general received the request for a decision under this section. The
76	76	attorney general shall issue a written decision on the matter and
77	77	provide a copy of the decision to the member, the governmental body
78	78	or nongovernmental entity, and any interested person who submitted
79	79	necessary information or a brief to the attorney general about the
80	80	matter.
81	81	(d) The member or the governmental body or nongovernmental
82	82	entity may appeal a decision of the attorney general under this
83	83	section to a Travis County district court. Any other person may
84	84	appeal a decision of the attorney general under this section to a
85	85	Travis County district court if the person claims a proprietary
86	86	interest in the information affected by the decision or a privacy
87	87	interest in the information that a confidentiality law or judicial
88	88	decision is designed to protect.
89	89	Sec. 552.405. WRIT OF MANDAMUS. (a) If a governmental body
90	90	or nongovernmental entity fails or refuses to comply with an
91	91	applicable requirement of this subchapter, a member of a governing
92	92	board who made a request under Section 552.402 may file a motion,
93	93	petition, or other appropriate pleading in a district court having
94	94	jurisdiction for a writ of mandamus to compel the body or entity to
95	95	comply with the applicable requirement.
96	96	(b) A pleading under Subsection (a) shall be brought:
97	97	(1) in Travis County for a governmental body that is a
98	98	state agency;
99	99	(2) in a county in which the governmental body is
100	100	located for a governmental body that is not a state agency; or
101	101	(3) in the county where the entity's principal office
102	102	in this state is located for a nongovernmental entity.
103	103	(c) If the member prevails under Subsection (a), the court
104	104	may award reasonable attorney's fees, expenses, and court costs.
105	105	Sec. 552.406. INFORMATION OBTAINABLE UNDER OTHER LAW. This
106	106	subchapter does not affect:
107	107	(1) the procedures under which information may be
108	108	obtained under other law; or
109	109	(2) the use that may be made of information obtained
110	110	under other law.
111	111	SECTION 2. This Act takes effect September 1, 2025.