Bill Text: TX SB84 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the right of public officers to information of certain governmental entities; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-01 - Referred to Business & Commerce [SB84 Detail]
Download: Texas-2019-SB84-Introduced.html
86R2639 TJB-D | ||
By: Hall | S.B. No. 84 |
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relating to the right of public officers to information of certain | ||
governmental 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 OR APPOINTED 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 that the governmental 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 entity. | ||
(3) "Public officer" means an elected or appointed | ||
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. | ||
(4) "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 or | ||
appointed. | ||
(b) A public officer is not required to obtain approval from | ||
the governing body of the governmental entity to which the officer | ||
is elected or appointed to request or obtain information to which | ||
the officer has a right under this section. The governing body or | ||
governmental entity may not adopt or enforce any measure that would | ||
prohibit or otherwise limit the ability of the officer to request or | ||
obtain information under this chapter. | ||
Sec. 620.052. PROVISION OF INFORMATION. (a) Following a | ||
request for information authorized by this subchapter, the | ||
governmental 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 entity must provide requested | ||
information to a requestor promptly, but not later than the 10th | ||
business day, or as soon as practicable as agreed to by the | ||
governmental entity and the requestor, following the date the | ||
request is received. | ||
(d) A governmental 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 entity; and | ||
(2) by allowing the requestor to make copies or other | ||
reproductions of the information. | ||
(e) A governmental entity must provide information under | ||
this section without charge to the requestor. | ||
(f) In providing information under this section, the | ||
governmental entity must provide only the specific information | ||
requested by the requestor and shall ensure that the information | ||
provided does not include extraneous or unrequested information. | ||
The governmental entity may request assistance from the requestor | ||
in determining what information is specific to the request. | ||
(g) A governmental entity may not require a requestor to | ||
sign a confidentiality agreement in order to receive information | ||
requested under this subchapter. | ||
(h) 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. 620.053. CONFIDENTIALITY NOT WAIVED. A governmental | ||
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 entity to assert exceptions to disclosure of the | ||
information in the future. | ||
SUBCHAPTER C. ENFORCEMENT | ||
Sec. 620.101. FAILURE OR REFUSAL TO PROVIDE INFORMATION. | ||
(a) A person who is an officer for public information under Chapter | ||
552 for a governmental 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. 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, 2019. |