85R738 TJB-F
	By: Taylor of Collin	S.B. No. 456

	A BILL TO BE ENTITLED
	AN ACT
	relating to the right of members of the legislature, the lieutenant
	governor, committees of the legislature, and legislative agencies
	to access certain governmental information for legislative
	purposes; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle A, Title 3, Government Code, is amended
	by adding Chapter 307 to read as follows:
	CHAPTER 307.  RIGHT OF ACCESS TO GOVERNMENTAL INFORMATION FOR
	LEGISLATIVE PURPOSE
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 307.001.  SHORT TITLE. This chapter may be cited as the
	Legislative Disclosure Act.
	Sec. 307.002.  DEFINITION OF GOVERNMENTAL INFORMATION; MEDIA
	CONTAINING GOVERNMENTAL INFORMATION. (a)  In this chapter,
	"governmental information" means information that is written,
	produced, collected, assembled, or maintained under a law or
	ordinance or in connection with the transaction of official
	business:
	(1)  by a governmental body;
	(2)  for a governmental body and the governmental body:
	(A)  owns the information;
	(B)  has a right of access to the information; or
	(C)  spends or contributes public money for the
	purpose of writing, producing, collecting, assembling, or
	maintaining the information; or
	(3)  by an individual officer or employee of a
	governmental body in the officer's or employee's official capacity
	and the information pertains to official business of the
	governmental body.
	(b)  Information is in connection with the transaction of
	official business if the information is created by, transmitted to,
	received by, or maintained by an officer or employee of the
	governmental body in the officer's or employee's official capacity,
	or a person or entity performing official business or a
	governmental function on behalf of a governmental body, and
	pertains to official business of the governmental body.
	(c)  The definition of "governmental information" provided
	by Subsection (a) applies to and includes any electronic
	communication created, transmitted, received, or maintained on any
	device if the communication is in connection with the transaction
	of official business.
	(d)  The media on which governmental information is recorded
	include:
	(1)  paper;
	(2)  film;
	(3)  a magnetic, optical, solid state, or other device
	that can store an electronic signal;
	(4)  tape;
	(5)  Mylar; and
	(6)  any physical material on which information may be
	recorded, including linen, silk, and vellum.
	(e)  The general forms in which the media containing
	governmental information exist include a book, paper, letter,
	document, e-mail, Internet posting, text message, instant message,
	other electronic communication, printout, photograph, film, tape,
	microfiche, microfilm, photostat, sound recording, map, and
	drawing and a voice, data, or video representation held in computer
	memory.
	Sec. 307.003.  DEFINITIONS. In this chapter:
	(1)  "Governmental body," "official business," and
	"public funds" have the meanings assigned by Section 552.003.
	(2)  "Legislative agency" means:
	(A)  the State Auditor's Office;
	(B)  the Legislative Budget Board;
	(C)  the Texas Legislative Council; or
	(D)  the Sunset Advisory Commission, including a
	public member of the commission.
	Sec. 307.004.  FINDINGS. The legislature finds that the
	ability of members of the legislature, the lieutenant governor,
	committees of the legislature, and legislative agencies to access,
	for legislative purposes, governmental information maintained by a
	governmental body, including confidential information, is
	consonant with the investigative authority delegated by the Texas
	Constitution to the legislature and is essential to the legislative
	deliberative process.  Any impediment to legislative access to that
	information is contrary to the expectations placed by the
	constitution on the legislature and should be regarded as repugnant
	to the essential principles of liberty and free government.
	Sec. 307.005.  POLICY. It is the policy of this state that a
	member of the legislature, the lieutenant governor, a committee of
	the legislature, or a legislative agency is entitled to access for
	legislative purposes all governmental information maintained by
	any governmental body, including confidential information.
	Sec. 307.006.  CONSTRUCTION OF CHAPTER. This chapter shall
	be liberally construed in favor of granting a request for
	governmental information.
	Sec. 307.007.  APPLICABILITY OF OTHER LAW. (a)  Chapter 552
	does not apply to a request for governmental information made under
	this chapter.
	(b)  Notwithstanding any other provision of law, including
	Section 552.0038(i) or a similar 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. 307.008.  EFFECT OF CHAPTER. (a)  This chapter does not
	affect:
	(1)  the right of a member of the legislature, the
	lieutenant governor, a committee of the legislature, or a
	legislative agency 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
	governmental information from a member of the legislature, the
	lieutenant governor, a committee of the legislature, or a
	legislative agency.
	SUBCHAPTER B.  RIGHT OF ACCESS TO INFORMATION FOR LEGISLATIVE
	PURPOSE
	Sec. 307.051.  RIGHT OF ACCESS TO INFORMATION. (a)  Except
	as provided by Subsection (c), each member of the legislature, the
	lieutenant governor, each committee of the legislature, and each
	public member of a legislative agency has a right of access, for
	legislative purposes, to governmental information of a
	governmental body.
	(b)  Except for a public member described by Subsection (a)
	and except as provided by Subsection (c), a legislative agency has a
	right of access, for legislative purposes, to governmental
	information of a governmental body other than another legislative
	agency.
	(c)  A member of the legislature, the lieutenant governor, a
	committee of the legislature, or a legislative agency is not
	entitled to access to governmental information from:
	(1)  a member of the legislature;
	(2)  the lieutenant governor;
	(3)  a committee of the legislature;
	(4)  a public member of a legislative agency; or
	(5)  a legislative agency if the information relates
	to:
	(A)  a request by a member of the legislature, the
	lieutenant governor, a committee of the legislature, or a public
	member of a legislative agency for information, advice, or opinions
	from an officer or employee of the agency;
	(B)  information, advice, or opinions given
	privately by an officer or employee of the agency to a member of the
	legislature, the lieutenant governor, a committee of the
	legislature, or a public member of a legislative agency; or
	(C)  information of a member of the legislature,
	the lieutenant governor, a committee of the legislature, or a
	public member of a legislative agency held by the agency.
	Sec. 307.052.  PROVISION OF INFORMATION. (a)  Following a
	request for access to information authorized by Section 307.051, a
	governmental body shall provide the requested information,
	including confidential information or information otherwise
	excepted from disclosure, to the requestor.
	(b)  The requestor must state that the request is made for a
	legislative purpose. The requestor is not required to specify the
	legislative purpose for which the information is requested.
	(c)  A governmental body must provide the requested
	information to the requestor promptly, but not later than:
	(1)  the fifth business day, or as soon as practicable
	as agreed to by the governmental body and the requestor, following
	the date the request is received if the request is received when the
	legislature is convened in regular or special session; or
	(2)  the 10th business day following the date the
	request is received if the request is received when the legislature
	is not convened in regular or special session.
	(d)  A governmental body must provide the requested
	information in the manner requested by the requestor.
	(e)  A governmental body must provide the requested
	information without charge, except that a requestor is entitled to
	only one paper copy of the information without charge.
	Sec. 307.053.  GOVERNMENTAL BODY GUIDANCE. On request of
	the recipient of confidential information from a governmental body
	under this subchapter, the governmental body shall provide guidance
	to the recipient regarding how the information may be generalized
	or modified so that the information as generalized or modified:
	(1)  is no longer confidential and subject to a
	confidentiality agreement; and
	(2)  may be disclosed for a legislative purpose outside
	the office of the recipient.
	Sec. 307.054.  CONFIDENTIALITY NOT WAIVED.  A governmental
	body, by providing governmental 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 body to assert exceptions to disclosure of the
	information in the future.
	Sec. 307.055.  CONFIDENTIALITY AGREEMENT.  (a)  A
	governmental body may require a requestor of information under this
	subchapter or a designated employee of the requestor 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.
	(b)  Except for a requirement prescribed by federal law, a
	confidentiality agreement may only require that:
	(1)  the information not be disclosed outside the
	office of the requestor unless the information is generalized or
	modified in accordance with the guidance provided by the
	governmental body under Section 307.053;
	(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 governmental body must submit a confidentiality
	agreement authorized by this section to the requestor not later
	than the third business day following the date the request is
	received or the governmental body waives the right to require the
	requestor to sign the agreement.
	(d)  A confidentiality agreement signed under Subsection (a)
	is void to the extent that the agreement covers information that is
	finally determined under Section 307.056 to not be confidential or
	otherwise excepted from disclosure under law.
	Sec. 307.056.  DECISION BY ATTORNEY GENERAL REGARDING
	CONFIDENTIALITY OR DISCLOSURE.  (a)  A requestor of information
	under this subchapter who is required to sign a confidentiality
	agreement under Section 307.055 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 requestor, a
	governmental body 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
	requestor, the 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 requestor, the governmental
	body, and any interested person who submitted necessary information
	or a brief to the attorney general under this section.
	(e)  The requestor or the governmental body may appeal a
	decision of the attorney general under Subsection (d) to a district
	court of Travis County.  A person may appeal a decision of the
	attorney general under Subsection (d) to a district court of Travis
	County 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.
	SUBCHAPTER C.  ENFORCEMENT
	Sec. 307.101.  SUIT FOR WRIT OF MANDAMUS. (a) A requestor
	of information under this chapter, or the attorney general on
	request of the requestor, may file suit for a writ of mandamus
	compelling a governmental body to provide information requested
	under this chapter to which the requestor has a right of access.
	(b)  A suit filed by a requestor 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 body are
	located.  A suit filed by the attorney general under this section
	must be filed in a district court of Travis County.
	Sec. 307.102.  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)  uses the confidential information for a purpose
	other than the purpose for which the information was received or for
	a purpose unrelated to the law that permitted the person to obtain
	access to the information, including solicitation of political
	contributions or solicitation of clients;
	(2)  permits inspection of the confidential
	information by a person who is not authorized to inspect the
	information; or
	(3)  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.
	(d)  It is a defense to prosecution for an offense under this
	section that the information the actor used, permitted inspection
	of, or disclosed was generalized or modified in accordance with the
	guidance provided by a governmental body under Section 307.053.
	SECTION 2.  Section 58.0072(e), Family Code, is amended to
	read as follows:
	(e)  The Texas Juvenile Justice Department shall grant
	access to juvenile justice information for legislative purposes
	under Chapter 307 [Section 552.008], Government Code.
	SECTION 3.  Section 321.0138(g), Government Code, is amended
	to read as follows:
	(g)  This section does not affect any other law relating to
	release of information for legislative purposes, including Chapter
	307 [Section 552.008, Government Code].
	SECTION 4.  Section 552.012(d), Government Code, is amended
	to read as follows:
	(d)  The attorney general shall ensure that the training is
	made available.  The office of the attorney general may provide the
	training and may also approve any acceptable course of training
	offered by a governmental body or other entity.  The attorney
	general shall ensure that at least one course of training approved
	or provided by the attorney general is available on videotape or a
	functionally similar and widely available medium at no cost.  The
	training must include instruction in:
	(1)  the general background of the legal requirements
	for open records and public information;
	(2)  the applicability of this chapter to governmental
	bodies;
	(3)  procedures and requirements regarding complying
	with a request for information under this chapter;
	(4)  the role of the attorney general under this
	chapter; [and]
	(5)  penalties and other consequences for failure to
	comply with this chapter; and
	(6)  the requirements of Chapter 307.
	SECTION 5.  The following provisions of the Government Code
	are repealed:
	(1)  Section 552.008;
	(2)  Section 552.264; and
	(3)  Sections 552.352(a-1) and (a-2).
	SECTION 6.  Not later than January 1, 2018, the attorney
	general shall adopt rules establishing the procedures and deadlines
	required by Section 307.056(b), Government Code, as added by this
	Act.
	SECTION 7.  A request for information under Section 552.008,
	Government Code, that is pending on December 31, 2017, is governed
	by the applicable law in effect at the time the request was
	received, and that law is continued in effect for that purpose.
	SECTION 8.  The repeal by this Act of Sections 552.352(a-1)
	and (a-2), Government Code, does not apply to an offense committed
	under those provisions before the effective date of the repeal. An
	offense committed before the effective date of the repeal is
	governed by Sections 552.352(a-1) and (a-2), Government Code, as
	they existed on the date the offense was committed, and the former
	law is continued in effect for that purpose. For purposes of this
	section, an offense was committed before the effective date of the
	repeal if any element of the offense, including obtaining access to
	confidential information under former Section 552.008, Government
	Code, occurred before that date.
	SECTION 9.  (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.