Bill Text: TX SB515 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the right of certain public officers to access public information, documents, records, and property; creating criminal offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-05-08 - Referred to General Investigating & Ethics [SB515 Detail]
Download: Texas-2017-SB515-Engrossed.html
By: Taylor of Collin | S.B. No. 515 |
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relating to the right of certain public officers to access public | ||
information, documents, records, and property; creating criminal | ||
offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle B, Title 6, Government Code, is amended | ||
by adding Chapter 674 to read as follows: | ||
CHAPTER 674. RIGHT OF ACCESS TO PUBLIC INFORMATION, BUILDINGS, AND | ||
GROUNDS BY APPOINTED STATE BOARD MEMBERS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 674.001. DEFINITIONS. In this chapter: | ||
(1) "Board member" means a member of a body, including | ||
a board, commission, or committee: | ||
(A) with more than one member; | ||
(B) the members of which are appointed; and | ||
(C) that supervises, manages, or controls a state | ||
governmental body. | ||
(2) "Public information" has the meaning assigned by | ||
Section 552.002. | ||
(3) "State governmental body" means a board, | ||
commission, department, committee, institution, agency, or office | ||
that is within the executive branch of state government. The term | ||
does not include a private entity that spends or is supported wholly | ||
or partly by public funds. | ||
SUBCHAPTER B. RIGHT OF ACCESS TO INFORMATION | ||
Sec. 674.051. RIGHT OF ACCESS TO INFORMATION. (a) This | ||
section does not apply to public information that is confidential | ||
or excepted from disclosure under: | ||
(1) Section 552.0038; | ||
(2) Section 552.108; | ||
(3) Section 552.119; or | ||
(4) Section 552.147. | ||
(b) A board member has a right of access to information that | ||
is public information of the state governmental body to which the | ||
member is appointed. | ||
Sec. 674.052. PROVISION OF INFORMATION. (a) A state | ||
governmental body on request by a board member of the governmental | ||
body shall provide public information to which the member has a | ||
right of access, including confidential information or information | ||
otherwise excepted from disclosure, to the member in accordance | ||
with Chapter 552. | ||
(b) A state governmental body, by providing public | ||
information under this section 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 body to assert exceptions | ||
to disclosure of the information in the future. | ||
Sec. 674.053. CONFIDENTIALITY AGREEMENT. (a) A state | ||
governmental body shall require a board member requesting | ||
information under this subchapter or a designated employee of the | ||
requesting member who will view or handle information that is | ||
received under this subchapter and that is confidential or | ||
otherwise excepted from disclosure under law to sign a | ||
confidentiality agreement that covers the information and requires | ||
that: | ||
(1) the information not be disclosed outside the | ||
office of the requesting member; | ||
(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) An individual required to sign a confidentiality | ||
agreement under Subsection (a) may seek a decision as provided by | ||
Section 674.054 about whether the information covered by the | ||
confidentiality agreement is confidential or otherwise excepted | ||
from disclosure under law. A confidentiality agreement signed | ||
under Subsection (a) is void to the extent that the agreement covers | ||
information that is finally determined under Section 674.054 to not | ||
be confidential or otherwise excepted from disclosure under law. | ||
Sec. 674.054. DECISION BY ATTORNEY GENERAL REGARDING | ||
CONFIDENTIALITY OR DISCLOSURE. (a) A board member requesting | ||
information under this subchapter may seek a decision from the | ||
attorney general about whether the information covered by a | ||
confidentiality agreement under Section 674.053 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 a requesting board member, a | ||
state governmental body, 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 | ||
requesting board member, the state governmental body, 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 requesting board member, the | ||
state governmental body, and any interested person who submitted | ||
necessary information or a brief to the attorney general under this | ||
section. | ||
(e) The requesting board member or the state governmental | ||
body may appeal a decision of the attorney general under Subsection | ||
(d) to a district court. A person may appeal a decision of the | ||
attorney general under Subsection (d) 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. | ||
Sec. 674.055. EFFECT OF SUBCHAPTER. (a) This subchapter | ||
does not affect: | ||
(1) the right of a board member 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 subchapter does not grant authority to a state | ||
governmental body to withhold information from a board member. | ||
SUBCHAPTER C. RIGHT OF ACCESS TO PUBLIC PROPERTY | ||
Sec. 674.101. RIGHT OF ACCESS TO PUBLIC PROPERTY. | ||
(a) This section does not apply to: | ||
(1) the personal office of: | ||
(A) an elected or appointed officer; or | ||
(B) an employee of the state governmental body; | ||
(2) a room that contains a criminal forensic | ||
laboratory; or | ||
(3) a room in which criminal evidence is stored. | ||
(b) Notwithstanding any other provision of law and except as | ||
provided by Subsection (a), a board member has a right of access to | ||
any building, structure, room, land, or body of water owned or | ||
leased by or under the exclusive control of the state governmental | ||
body to which the member is appointed. | ||
Sec. 674.102. ACCESS TO PROPERTY. (a) A person who is | ||
authorized to control access to property described by Section | ||
674.101(b) shall provide a board member of the state governmental | ||
body access to the property if the member: | ||
(1) requests access to the property as a board member; | ||
and | ||
(2) presents an acceptable form of identification | ||
described by Section 63.0101, Election Code. | ||
(b) The authorized person must provide access to property | ||
under this section not later than the 10th business day following | ||
the date the request for access is made by the requesting board | ||
member. | ||
(c) A board member may not remove personal property from | ||
property to which the member is provided access under this section. | ||
SUBCHAPTER D. ENFORCEMENT | ||
Sec. 674.151. DISTRIBUTION OR MISUSE OF CONFIDENTIAL | ||
INFORMATION. (a) A person who is a recipient of confidential | ||
information under Subchapter B commits an offense if the person | ||
knowingly: | ||
(1) permits inspection of the confidential | ||
information by a person who is not authorized to inspect the | ||
information; or | ||
(2) discloses the confidential information to a person | ||
who is not authorized to receive the information. | ||
(b) An offense under this section is a misdemeanor | ||
punishable by: | ||
(1) a fine of not more than $1,000; | ||
(2) confinement in the county jail for not more than | ||
six months; or | ||
(3) both the fine and confinement. | ||
(c) A violation under this section constitutes official | ||
misconduct. | ||
SECTION 2. Subtitle C, Title 6, Local Government Code, is | ||
amended by adding Chapter 206 to read as follows: | ||
CHAPTER 206. RIGHT OF ACCESS TO INFORMATION BY CERTAIN PUBLIC | ||
OFFICERS | ||
Sec. 206.001. DEFINITIONS. In this chapter: | ||
(1) "County governmental body": | ||
(A) means: | ||
(i) a county commissioners court; | ||
(ii) a deliberative body that has | ||
rulemaking or quasi-judicial power and that is classified as a | ||
department, agency, or political subdivision of a county; | ||
(iii) a county board of school trustees; | ||
(iv) a county board of education; or | ||
(v) the part, section, or portion of a | ||
county, county board of school trustees, or county board of | ||
education described by Section 552.003(1)(A)(xii), Government | ||
Code, that is a governmental body for purposes of Chapter 552, | ||
Government Code; and | ||
(B) does not include: | ||
(i) the judiciary; or | ||
(ii) a private entity that spends or is | ||
supported wholly or partly by public funds. | ||
(2) "County officer" means an elected or appointed | ||
officer of a county governmental body. | ||
(3) "Municipal governmental body": | ||
(A) means: | ||
(i) the governing body of a municipality; | ||
(ii) a deliberative body that has | ||
rulemaking or quasi-judicial power and that is classified as a | ||
department, agency, or political subdivision of a municipality; or | ||
(iii) the part, section, or portion of a | ||
municipality described by Section 552.003(1)(A)(xii), Government | ||
Code, that is a governmental body for purposes of Chapter 552, | ||
Government Code; and | ||
(B) does not include: | ||
(i) the judiciary; or | ||
(ii) a private entity that spends or is | ||
supported wholly or partly by public funds. | ||
(4) "Municipal officer" means an elected or appointed | ||
officer of a municipal governmental body. | ||
(5) "Public information" has the meaning assigned by | ||
Section 552.002, Government Code. | ||
(6) "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. | ||
(7) "Special district officer" means a member of the | ||
governing body of a special district. | ||
Sec. 206.002. RIGHT OF ACCESS TO INFORMATION. (a) This | ||
section does not apply to public information that is confidential | ||
or excepted from disclosure under: | ||
(1) Section 552.0038, Government Code; | ||
(2) Section 552.108, Government Code; | ||
(3) Section 552.119, Government Code; or | ||
(4) Section 552.147, Government Code. | ||
(b) A county officer has a right of access to information | ||
that is public information of the county governmental body to which | ||
the county officer is elected or appointed. | ||
(c) A municipal officer has a right of access to information | ||
that is public information of the municipal governmental body to | ||
which the municipal officer is elected or appointed. | ||
(d) A special district officer has a right of access to | ||
information that is public information of the district. | ||
Sec. 206.003. PROVISION OF INFORMATION. (a) A county | ||
governmental body on request by a county officer of the | ||
governmental body, a municipal governmental body on request by a | ||
municipal officer of the governmental body, or a special district | ||
on request by a special district officer of the district shall | ||
provide public information to which the officer has a right of | ||
access, including confidential information or information | ||
otherwise excepted from disclosure, to the officer in accordance | ||
with Chapter 552, Government Code. | ||
(b) A county governmental body, municipal governmental | ||
body, or special district, by providing public information under | ||
this section 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 body or special district to assert | ||
exceptions to disclosure of the information in the future. | ||
Sec. 206.004. CONFIDENTIALITY AGREEMENT. (a) A county | ||
governmental body, municipal governmental body, or special | ||
district shall require an officer requesting information under this | ||
chapter or a designated employee of the requesting officer who will | ||
view or handle information that is received under this chapter and | ||
that is confidential or otherwise excepted from disclosure under | ||
law to sign a confidentiality agreement that covers the information | ||
and requires that: | ||
(1) the information not be disclosed outside the | ||
office of the requesting officer; | ||
(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) An individual required to sign a confidentiality | ||
agreement under Subsection (a) may seek a decision as provided by | ||
Section 206.005 about whether the information covered by the | ||
confidentiality agreement is confidential or otherwise excepted | ||
from disclosure under law. A confidentiality agreement signed | ||
under Subsection (a) is void to the extent that the agreement covers | ||
information that is finally determined under Section 206.005 to not | ||
be confidential or otherwise excepted from disclosure under law. | ||
Sec. 206.005. DECISION BY ATTORNEY GENERAL REGARDING | ||
CONFIDENTIALITY OR DISCLOSURE. (a) An officer requesting | ||
information under this chapter may seek a decision from the | ||
attorney general about whether the information covered by a | ||
confidentiality agreement under Section 206.004 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 a requesting officer, a | ||
county governmental body, municipal governmental body, or special | ||
district, as applicable, 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 | ||
requesting officer, the county governmental body, municipal | ||
governmental body, or special district, as applicable, 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 requesting officer, the county | ||
governmental body, municipal governmental body, or special | ||
district, as applicable, and any interested person who submitted | ||
necessary information or a brief to the attorney general under this | ||
section. | ||
(e) The requesting officer or the county governmental body, | ||
municipal governmental body, or special district, as applicable, | ||
may appeal a decision of the attorney general under Subsection (d) | ||
to a district court. A person may appeal a decision of the attorney | ||
general under Subsection (d) 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. | ||
Sec. 206.006. DISTRIBUTION OR MISUSE OF CONFIDENTIAL | ||
INFORMATION. (a) A person who is a recipient of confidential | ||
information under this chapter commits an offense if the person | ||
knowingly: | ||
(1) permits inspection of the confidential | ||
information by a person who is not authorized to inspect the | ||
information; or | ||
(2) discloses the confidential information to a person | ||
who is not authorized to receive the information. | ||
(b) An offense under this section is a misdemeanor | ||
punishable by: | ||
(1) a fine of not more than $1,000; | ||
(2) confinement in the county jail for not more than | ||
six months; or | ||
(3) both the fine and confinement. | ||
(c) A violation under this section constitutes official | ||
misconduct. | ||
Sec. 206.007. EFFECT OF CHAPTER. (a) This chapter does | ||
not affect: | ||
(1) the right of a county officer, municipal officer, | ||
or special district 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 a county | ||
governmental body, municipal governmental body, or special | ||
district to withhold information from a county officer, municipal | ||
officer, or special district officer. | ||
SECTION 3. The heading to Subtitle C, Title 9, Local | ||
Government Code, is amended to read as follows: | ||
SUBTITLE C. PUBLIC BUILDINGS AND GROUNDS [ |
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APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT | ||
SECTION 4. The heading to Chapter 305, Local Government | ||
Code, is amended to read as follows: | ||
CHAPTER 305. MISCELLANEOUS PUBLIC BUILDINGS AND GROUNDS [ |
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PROVISIONS [ |
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SECTION 5. Chapter 305, Local Government Code, is amended | ||
by adding Subchapter C to read as follows: | ||
SUBCHAPTER C. RIGHT OF ACCESS TO PUBLIC PROPERTY BY CERTAIN PUBLIC | ||
OFFICERS | ||
Sec. 305.021. DEFINITION. In this subchapter, "political | ||
subdivision" means a county, municipality, school district, junior | ||
college district, other special district, or other subdivision of | ||
state government. | ||
Sec. 305.022. RIGHT OF ACCESS TO PUBLIC PROPERTY. | ||
(a) This section does not apply to: | ||
(1) the personal office of: | ||
(A) an elected or appointed officer; or | ||
(B) an employee of the political subdivision; | ||
(2) a room that contains a criminal forensic | ||
laboratory; or | ||
(3) a room in which criminal evidence is stored. | ||
(b) Notwithstanding any other provision of law and except as | ||
provided by Subsection (a), a member of the governing body of a | ||
political subdivision has a right of access to any building, | ||
structure, room, land, or body of water owned or leased by or under | ||
the exclusive control of the political subdivision to which the | ||
member is elected or appointed. | ||
Sec. 305.023. ACCESS TO PROPERTY. (a) A person who is | ||
authorized to control access to property described by Section | ||
305.022(b) shall provide a member of the governing body of the | ||
political subdivision access to the property if the member: | ||
(1) requests access to the property as a member of the | ||
governing body; and | ||
(2) presents an acceptable form of identification | ||
described by Section 63.0101, Election Code. | ||
(b) The authorized person must provide access to property | ||
under this section not later than the 10th business day following | ||
the date the request for access is made by the requesting member of | ||
the governing body. | ||
(c) A member of the governing body of a political | ||
subdivision may not remove personal property from property to which | ||
the member is provided access under this section. | ||
SECTION 6. Not later than January 1, 2018, the attorney | ||
general shall adopt rules establishing the procedures and deadlines | ||
required by Section 674.054(b), Government Code, as added by this | ||
Act, and Section 206.005(b), Local Government Code, as added by | ||
this Act. | ||
SECTION 7. Subchapter B, Chapter 674, Government Code, as | ||
added by this Act, and Chapter 206, Local Government Code, as added | ||
by this Act, apply only to a request for information received on or | ||
after the effective date of this Act. A request for information | ||
received 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 8. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect January 1, 2018. | ||
(b) Section 6 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 6 of this Act takes effect September 1, 2017. |