HB5027 - Relating to the public information law.

      By: Capriglione H.B. No. 5027       A BILL TO BE ENTITLED   AN ACT   relating to the public information law.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 552.003(1), Government Code, is amended   to read as follows:                (1)  "Governmental body":                      (A)  means:                            (i)  a board, commission, department,   committee, institution, agency, or office that is within or is   created by the executive or legislative branch of state government   and that is directed by one or more elected or appointed members;                            (ii)  a county commissioners court in the   state;                            (iii)  a municipal governing body in the   state;                            (iv)  a deliberative body that has   rulemaking or quasi-judicial power and that is classified as a   department, agency, or political subdivision of a county or   municipality;                            (v)  a school district board of trustees;                            (vi)  a county board of school trustees;                            (vii)  a county board of education;                            (viii)  the governing board of a special   district;                            (ix)  the governing body of a nonprofit   corporation organized under Chapter 67, Water Code, that provides a   water supply or wastewater service, or both, and is exempt from ad   valorem taxation under Section 11.30, Tax Code;                            (x)  a local workforce development board   created under Section 2308.253;                            (xi)  a nonprofit corporation that is   eligible to receive funds under the federal community services   block grant program and that is authorized by this state to serve a   geographic area of the state;                            (xii)  a confinement facility operated under   a contract with any division of the Texas Department of Criminal   Justice;                            (xiii)  a civil commitment housing facility   owned, leased, or operated by a vendor under contract with the state   as provided by Chapter 841, Health and Safety Code;                            (xiv)  an entity that receives public funds   in the current or preceding state fiscal year to manage the daily   operations or restoration of the Alamo, or an entity that oversees   such an entity; and                            (xv)  [ the part, section, or portion of ] an   organization, corporation, commission, committee, institution, or   agency :                                   (a)     for which the source of at least   51 percent of its revenue during the preceding year was public   funds; or                                   (b)     that engages primarily in   activities under an agreement with or a grant from another   governmental body [ that spends or that is supported in whole or in   part by public funds ]; and                      (B)  does not include:                            (i)  the judiciary; or                            (ii)  an economic development entity whose   mission or purpose is to develop and promote the economic growth of   a state agency or political subdivision with which the entity   contracts if:                                  (a)  the entity does not receive $1   million or more in public funds from a single state agency or   political subdivision in the current or preceding state fiscal   year; or                                  (b)  the entity:                                        (1)  either:                                              (A)  does not have the   authority to make decisions or recommendations on behalf of a state   agency or political subdivision regarding tax abatements or tax   incentives; or                                              (B)  does not require an   officer of the state agency or political subdivision to hold office   as a member of the board of directors of the entity;                                        (2)  does not use staff or office   space of the state agency or political subdivision for no or nominal   consideration, unless the space is available to the public;                                        (3)  to a reasonable degree,   tracks the entity's receipt and expenditure of public funds   separately from the entity's receipt and expenditure of private   funds; and                                        (4)  provides at least quarterly   public reports to the state agency or political subdivision   regarding work performed on behalf of the state agency or political   subdivision.          SECTION 2.  Section 552.106, Government Code, is amended by   adding Subsection (c) to read as follows:           (c)     The exception to disclosure provided by this section   does not apply to governmental bodies described by Sections   552.003(1)(A)(ii)-(xiv).          SECTION 3.  Section 552.107, Government Code, is amended to   read as follows:          Sec. 552.107.  EXCEPTION: CERTAIN LEGAL MATTERS.   (a)     Information is excepted from the requirements of Section 552.021   if:                (1)  it is information that the attorney general [ or an   attorney of a political subdivision ] is prohibited from disclosing   because of a duty to the client under the Texas Rules of Evidence or   the Texas Disciplinary Rules of Professional Conduct; [ or ]                (2)   it is information that pertains to active   litigation against a governmental body; or                 (3)   a court by order has prohibited disclosure of the   information.           (b)     The exception to disclosure provided by this section   does not apply to:                 (1)     a communication with an attorney or an attorney's   representative, other than information contained in the   communication to which the exception otherwise applies; or                 (2)     a report, audit, or other material created in the   absence of active litigation.           (c)     When rendering a decision under Subchapter G as to   whether requested information is within the scope of the exception   to disclosure provided by this section, the attorney general shall   restrict the scope of the attorney-client privilege by construing   the exception narrowly and in favor of the public's interest in   maximum government transparency.          SECTION 4.  Sections 552.305(a) and (d), Government Code,   are amended to read as follows:          (a)  In a case in which information is requested under this   chapter and a person's privacy or property interests may be   involved, including a case under Section 552.101, 552.110,   552.1101, 552.114, [ 552.131, ] or 552.143, a governmental body may   decline to release the information for the purpose of requesting an   attorney general decision.          (d)  If release of a person's proprietary information may be   subject to exception under Section 552.101, 552.110, 552.1101,   552.113, [ 552.131, ] or 552.143, the governmental body that requests   an attorney general decision under Section 552.301 shall make a   good faith attempt to notify that person of the request for the   attorney general decision. Notice under this subsection must:                (1)  be in writing and sent within a reasonable time not   later than the 10th business day after the date the governmental   body receives the request for the information; and                (2)  include:                      (A)  a copy of the written request for the   information, if any, received by the governmental body; and                      (B)  a statement, in the form prescribed by the   attorney general, that the person is entitled to submit in writing   to the attorney general within a reasonable time not later than the   10th business day after the date the person receives the notice:                            (i)  each reason the person has as to why the   information should be withheld; and                            (ii)  a letter, memorandum, or brief in   support of that reason.          SECTION 5.  Section 552.133(a-1), Government Code, is   transferred to Section 551.086, Government Code, and redesignated [Text truncated for display. 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