By: Vasut, et al. (Senate Sponsor - Hughes) H.B. No. 4310          (In the Senate - Received from the House May 14, 2025;   May 15, 2025, read first time and referred to Committee on Business &   Commerce; May 20, 2025, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 11, Nays 0;   May 20, 2025, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 4310 By:  Nichols     A BILL TO BE ENTITLED   AN ACT     relating to a special right of access under the public information   law for a member of a governing board.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 552, Government Code, is amended by   adding Subchapter K to read as follows:   SUBCHAPTER K. SPECIAL RIGHT OF ACCESS BY MEMBER OF GOVERNING BOARD          Sec. 552.401.  DEFINITIONS. In this subchapter:                (1)  "Member of a governing board" means any individual   who is appointed, designated, or elected to direct or serve on a   board or other group of individuals that directs a governmental   body or a nongovernmental entity, including a member of the   governing body of a municipality and a county commissioner.                (2)  "Nongovernmental entity" means an entity   described by Section 552.371(a).                (3)  "Promptly" has the meaning described by Section   552.221(a).          Sec. 552.402.  APPLICABILITY. This subchapter does not   apply to the legislature or a legislative agency created by   Subtitle C, Title 3.          Sec. 552.403.  SPECIAL RIGHT OF ACCESS FOR MEMBER OF   GOVERNING BOARD. (a) A member of the governing board of a   governmental body or nongovernmental entity may inspect,   duplicate, or inspect and duplicate public information maintained   by the governmental body or the nongovernmental entity if the   member is acting in the member's official capacity.          (b)  Public information requested under this section shall   be provided to the member promptly and without charge.          (c)  If requested by the member, public information   requested under this section that is confidential under law shall   be redacted from the information provided to the member without   charge.          (d)  Information subject to attorney-client privilege is not   subject to disclosure to a member of a governing board under this   section unless the attorney-client relationship upon which the   privilege is based applies to the member.  A governmental body or   nongovernmental entity shall inform the member if information   responsive to a request made under Subsection (a) is withheld under   this subsection.          Sec. 552.404.  CONFIDENTIAL INFORMATION. (a)  A   governmental body or a nongovernmental entity that has been   requested to provide information under this subchapter may request   the member of a governing board who is receiving public information   that is confidential under law to sign a confidentiality agreement   that covers the information and requires that:                (1)  the information not be disclosed;                (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)  A governmental body or nongovernmental entity, by   providing public information under this subchapter 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.          Sec. 552.405.  DETERMINATION BY ATTORNEY GENERAL. (a) A   member of a governing board who has received a request under Section   552.404(a) to sign a confidentiality agreement may seek a decision   about whether the information covered by the confidentiality   agreement is confidential under law. A confidentiality agreement   signed under Section 552.404(a) is void to the extent that the   agreement covers information that is determined by the attorney   general or a court to not be confidential under law.          (b)  The attorney general by rule shall establish procedures   and deadlines for receiving information necessary to decide the   matter and briefs from the member of a governing board, the   governmental body or nongovernmental entity, and any other   interested person.          (c)  The attorney general shall promptly render a decision   requested under this section, 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 section. The   attorney general shall issue a written decision on the matter and   provide a copy of the decision to the member, the governmental body   or nongovernmental entity, and any interested person who submitted   necessary information or a brief to the attorney general about the   matter.          (d)  The member or the governmental body or nongovernmental   entity may appeal a decision of the attorney general under this   section to a Travis County district court.  Any other person may   appeal a decision of the attorney general under this section 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.          Sec. 552.406.  WRIT OF MANDAMUS. (a) If a governmental body   or nongovernmental entity fails or refuses to comply with an   applicable requirement of this subchapter, a member of a governing   board who made a request under Section 552.403 may file a motion,   petition, or other appropriate pleading in a district court having   jurisdiction for a writ of mandamus to compel the body or entity to   comply with the applicable requirement.          (b)  A pleading under Subsection (a) must be brought:                 (1)  in Travis County for a governmental body that is a   state agency;                (2)  in a county in which the governmental body is   located for a governmental body that is not a state agency; or                (3)  in the county where the entity's principal office   in this state is located for a nongovernmental entity.           (c)  If the member prevails under Subsection (a), the court   may award reasonable attorney's fees, expenses, and court costs.          Sec. 552.407.  INFORMATION OBTAINABLE UNDER OTHER LAW. This   subchapter does not affect:                (1)  the procedures under which information may be   obtained under other law; or                (2)  the use that may be made of information obtained   under other law.          SECTION 2.  This Act takes effect September 1, 2025.     * * * * *