84R686 TJB-D
	By: Taylor of Collin	S.B. No. 337

	A BILL TO BE ENTITLED
	AN ACT
	relating to the right of directors of special districts to obtain
	district information, documents, and records.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 201, Local Government Code, is amended
	by adding Section 201.010 to read as follows:
	Sec. 201.010.  SPECIAL RIGHT OF ACCESS TO DISTRICT
	INFORMATION BY DISTRICT DIRECTOR. (a) In this section:
	(1)  "Board" means the governing body of a special
	district.
	(2)  "Director" means a board member.
	(3)  "Public information" has the meaning assigned by
	Section 552.002, Government Code.
	(4)  "Special district" means a political subdivision
	of this state that has a limited geographic area and is created by
	local law or under general law for a special purpose. The term does
	not include a school district or hospital district.
	(b)  A director of a special district has a right of access to
	information that is public information of the district.
	(c)  A special district on request by a director of the
	district shall provide public information, including confidential
	information or information otherwise excepted from disclosure, to
	the director in accordance with Chapter 552, Government Code.
	(d)  A special district, by providing public information to a
	director under this section 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 of the district to assert
	exceptions to required disclosure of the information in the future.
	The district may require the requesting director or the employees
	of the requesting director who will view or handle information that
	is received under this section and that is confidential under law or
	otherwise excepted from disclosure to sign a confidentiality
	agreement that covers the information and requires that:
	(1)  the information not be disclosed outside the
	office of the requesting director or within that office for
	purposes other than the purpose for which it was received;
	(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 to the district remaining
	confidential and subject to the confidentiality agreement.
	(e)  If a director or employee of a director is required by a
	special district to sign a confidentiality agreement under
	Subsection (d), the director may seek a decision as provided by
	Subsection (f) about whether the information covered by the
	confidentiality agreement is confidential under law or otherwise
	excepted from disclosure.  A confidentiality agreement signed under
	Subsection (d) is void to the extent that the agreement covers
	information that is finally determined under Subsection (f) to not
	be confidential under law or otherwise excepted from disclosure.
	(f)  A director may seek a decision from the attorney general
	about whether the information covered by the confidentiality
	agreement is confidential under law or otherwise excepted from
	disclosure.  The attorney general by rule shall establish
	procedures and deadlines for receiving information necessary to
	determine whether the information covered by the confidentiality
	agreement is confidential under law or otherwise excepted from
	disclosure and for receiving briefs from the requesting director,
	the special district, and any other interested person.  The
	attorney general shall promptly render a decision requested under
	this subsection, determining whether the information covered by the
	confidentiality agreement is confidential under law or otherwise
	excepted from disclosure, not later than the 45th business day
	after the date the attorney general receives the request for a
	decision under this subsection.  The attorney general shall issue a
	written decision and provide a copy of the decision to the
	requesting director, the special district, and any interested
	person who submitted necessary information or a brief to the
	attorney general under this subsection.  The requesting director or
	the special district may appeal a decision of the attorney general
	under this subsection to a district court.  A person may appeal a
	decision of the attorney general under this subsection to a
	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.
	(g)  This section does not affect:
	(1)  the right of a director of a special district to
	obtain information from the district 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.
	(h)  This section does not grant authority to a special
	district to withhold information from a director of the district.
	SECTION 2.  Section 201.010, Local Government Code, as added
	by this Act, applies only to a request for information by a director
	of a special district that is made on or after the effective date of
	this Act.  A request for information made before the effective date
	of this Act is governed by the applicable law in effect immediately
	before the effective date of this Act, and that law is continued in
	effect for that purpose.
	SECTION 3.  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, 2015.