89R4066 BEF-D     By: West S.B. No. 2566       A BILL TO BE ENTITLED   AN ACT   relating to request for public information for legislative   purposes; providing an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 552, Government Code, is   amended by amending Section 552.008 and adding Sections 552.0081   and 552.0082 to read as follows:          Sec. 552.008.  INFORMATION FOR LEGISLATIVE PURPOSES:   SPECIAL RIGHT OF ACCESS.  (a)  This chapter does not grant authority   to withhold information from individual members, agencies, or   committees of the legislature to use for legislative purposes.          (b)  Each individual member, agency, and committee of the   legislature has a special right of access to public information for   legislative purposes.  The special right of access applies to all   public information, including information that is confidential or   excepted from required disclosure under law, unless another statute   expressly excludes the information from the application of this   section.          (c)  A governmental body on request by an individual member,   agency, or committee of the legislature shall provide public   information described by Subsection (b), including confidential   information, to the requesting member, agency, or committee for   inspection or duplication in accordance with this chapter if the   requesting member, agency, or committee states that the public   information is requested under this chapter for legislative   purposes.  Except as otherwise provided by this section and Section   552.0081, a governmental body shall treat a request made under this   section in the same manner as a request for public information under   this chapter by a member of the public and shall comply with the   procedures and deadlines provided by this chapter for producing the   information.          (d)  A governmental body, by providing public information   under this section that is confidential or otherwise excepted from   required disclosure under law, does not waive or affect the   confidentiality of the information for purposes of state or federal   law or waive the right to assert exceptions to required disclosure   of the information in the future.          (e)  An individual member of the legislature may delegate the   exercise of the member's special right of access to public   information under this section in writing to specified legislative   staff employed by the member.  Those legislative staff serve as an   extension of the member when exercising the special right of access   on the member's behalf.          (f)  A governmental body may not charge a member, agency, or   committee of the legislature for providing copies of information   requested under this section.          (g)  This section and Sections 552.0081 and 552.0082 do not   affect:                (1)  the right of an individual member, agency, or   committee of the legislature to obtain information from a   governmental body under other law, including under the rules of   either house of the legislature;                (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.          Sec. 552.0081.  INFORMATION FOR LEGISLATIVE PURPOSES:   CONFIDENTIALITY AGREEMENT.  (a)  A [The] governmental body that   provides confidential information under Section 552.008 may   require the requesting individual member of the legislature, the   head or chair of the requesting legislative agency or committee, or   the members or employees of the requesting member or entity who will   personally view or handle information [that is] received under   Section 552.008 [this section and] that is confidential under law   to sign a confidentiality agreement that covers the information and   complies with this section.  A governmental body may not require a   member of a committee or an employee of a member, agency, or   committee to sign a confidentiality agreement unless the member or   employee will personally view or handle confidential information   covered by the agreement.          (b)  A confidentiality agreement under Subsection (a):                (1)  may require [and requires] that:                      (A) [(1)]  the information not be disclosed   outside the requesting entity, or within the requesting entity for   purposes other than the purpose for which it was received;                      (B) [(2)]  the information be labeled as   confidential;                      (C) [(3)]  the information be kept securely; or                      (D) [(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 to the   governmental body remaining confidential and subject to the   confidentiality agreement; and                (2)  may not include other requirements.          (c)  The office of the attorney general shall develop and   make available on the office's Internet website for use by   governmental bodies a template of a confidentiality agreement that   complies with Subsection (b).          (d)  A member, agency, or committee of the legislature that   receives information subject to a confidentiality agreement under   Subsection (a) may share the information with another member,   agency, or committee of the legislature if:                (1)  the other member, agency head, or committee chair   and any members or employees of the other member or entity who will   personally view or handle the information sign the original   confidentiality agreement; and                (2)  the member, agency, or committee that originally   received the information notifies the governmental body of each   additional signatory's name and office or employer.          (e)  A member, committee, or agency of the legislature   requested or required by a governmental body to sign a   confidentiality agreement under Subsection (a) may seek a written   decision from the attorney general about whether the agreement   complies with the requirements of Subsection (b).  The attorney   general shall promptly render the decision not later than the 10th   business day after the date the attorney general received the   request for the decision and provide a copy of the decision to the   requestor and the governmental body.  A confidentiality agreement   is void if the attorney general's decision determines that the   agreement fails to comply with the requirements of Subsection (b).          (f) [(b-1)]  A member, committee, or agency of the   legislature requested or required by a governmental body to sign a   confidentiality agreement under Subsection (a) [(b)] may seek a   decision as provided by Subsection (g) [(b-2)] about whether the   information covered by the confidentiality agreement is   confidential under law.  A confidentiality agreement [signed under   Subsection (b)] is void to the extent [that] the agreement covers   information that is finally determined under Subsection (g) [(b-2)]   to not be confidential under law.          (g)  This subsection applies to a request for a decision   under Subsection (f) [(b-2)  The member, committee, or agency of   the legislature may seek a decision from the attorney general about   the matter].  The attorney general by rule shall establish   procedures and deadlines for receiving briefs or other information   necessary to decide whether the information covered by a   confidentiality agreement is confidential under law [the matter and   briefs] from the requestor, the governmental body, and any other   interested person.  The attorney general shall promptly render a   decision requested under Subsection (f) [this subsection],   determining whether the information covered by the confidentiality   agreement is confidential under law, not later than the 45th   business day after the date the attorney general received the   request [for a decision under this subsection].  The attorney   general shall issue a written decision on the matter 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 about the matter.  The requestor or   the governmental body may appeal a decision of the attorney general   under this subsection to a Travis County district court.  A person   may appeal a decision of the attorney general under this subsection   to a Travis County 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.          [(c)  This section does not affect:                [(1)  the right of an individual member, agency, or   committee of the legislature to obtain information from a   governmental body under other law, including under the rules of   either house of the legislature;                [(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.]          Sec. 552.0082.  INFORMATION FOR LEGISLATIVE PURPOSES:   COMPLAINT PROCEDURES; ADMINISTRATIVE PENALTY.  (a)  A member of the   legislature who believes a governmental body is violating or has   violated Section 552.008 or 552.0081 may file a complaint with the   attorney general.  The complaint must be in writing and include any   documents relevant to the complaint.          (b)  The attorney general shall promptly investigate the   allegations made in the complaint and, not later than the 45th day   after the date the complaint was received, provide written findings   on the allegations made in the complaint to the member of the   legislature and the governmental body.          (c)  If the attorney general determines under Subsection (b)   that a governmental body is violating or has violated Section   552.008 or 552.0081, the attorney general:                (1)  shall require:                      (A)  the governmental body to provide to the   requesting member all public information originally requested by   the member not later than the 10th business day after the date the   written finding of the violation is issued; and                      (B)  the public information officer for the   governmental body to complete additional training on the   requirements of Sections 552.008 and 552.0081; and                (2)  may impose an administrative penalty against the   governmental body under Subsection (d).          (d)  The attorney general may impose an administrative   penalty against a governmental body that commits a serious or   repeat violation of Section 552.008 or 552.0081 or refuses to   provide public information as required by Subsection (c)(1)(A).     The amount of the administrative penalty may not exceed $5,000 per   violation per day.  The governmental body may appeal the   administrative penalty to a district court in Travis County.          (e)  A member of the legislature or governmental body that is   party to a complaint may appeal the written findings under   Subsection (b) to a district court in Travis County.  The deadline   under Subsection (c)(1)(A) for producing information is stayed   pending the appeal unless otherwise ordered by the court.          SECTION 2.  The changes in law made by this Act apply only to   a request for public information for legislative purposes under   Chapter 552, Government Code, received by a governmental body on or   after the effective date of this Act.  A request received before the   effective date of this Act is governed by the law in effect when the   complaint was received, and the former law is continued in effect   for that purpose.          SECTION 3.  This Act takes effect September 1, 2025.