Bill Text: TX HB4066 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the right of certain elected public officers to information of certain governmental and public entities; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-04 - Meeting cancelled [HB4066 Detail]
Download: Texas-2017-HB4066-Introduced.html
85R8673 TJB-F | ||
By: Gooden | H.B. No. 4066 |
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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. |