85R940 SRS-D
 
  By: Schofield H.B. No. 3384
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to access to certain independent school district
  information by a member of the board of trustees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.1512, Education Code, is amended by
  amending Subsection (c) and adding Subsections (c-1) and (c-2) to
  read as follows:
         (c)  A member of the board of trustees of the district, when
  acting in the member's official capacity, has an inherent right of
  access to information, documents, and records maintained by the
  district, and the district shall provide the information,
  documents, and records to the member without requiring the member
  to submit a public information request under Chapter 552,
  Government Code. The district shall provide the information,
  documents, and records to the member, not later than the 10th day
  after the date the request is received, without regard to whether
  the requested items are the subject of or relate to an item listed
  on an agenda for an upcoming meeting.
         (c-1)  If a district does not provide requested information
  to a member of the board of trustees in the time required under
  Subsection (c), the member may bring suit against the district for
  appropriate injunctive relief.  A member who prevails in a suit
  under this subsection is entitled to recover court costs and
  reasonable attorney's fees.  The district shall pay the costs and
  fees from the budget of the superintendent's office.
         (c-2)  A board member shall maintain the confidentiality of
  information, documents, and records received under Subsection (c)
  as required by [The district may withhold or redact information, a
  document, or a record requested by a member of the board to the
  extent that the item is excepted from disclosure or is confidential
  under Chapter 552, Government Code, or other law.   This subsection
  does not require the district to provide information, documents,
  and records that are not subject to disclosure under] the Family
  Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
  1232g) and any other applicable privacy laws.
         SECTION 2.  The changes in law made 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 law in effect when the request
  was received, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2017.