board members get free, prompt access to public information

The text as introduced · 908 words

89R14984 JON-F

By: Hughes
S.B. No. 2113

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.