By: Taylor of Collin S.B. No. 515     A BILL TO BE ENTITLED   AN ACT   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 [BUILDING] PROVISIONS   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 [BUILDING]   PROVISIONS [AFFECTING MUNICIPALITIES AND COUNTIES]          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.