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A BILL TO BE ENTITLED
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AN ACT
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relating to categories of information presumed to be public under |
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the public information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.022, Government Code, is amended to |
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read as follows: |
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Sec. 552.022. CATEGORIES OF PUBLIC INFORMATION; EXAMPLES. |
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(a) Without limiting the amount or kind of information that is |
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public information under this chapter, the following categories of |
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information are public information and not excepted from required |
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disclosure unless made confidential under this chapter or [unless
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they are expressly confidential under] other law: |
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(1) a completed report, audit, evaluation, or |
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investigation made of, for, or by a governmental body, except as |
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provided by Section 552.108; |
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(2) the name, sex, ethnicity, salary, title, and dates |
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of employment of each employee and officer of a governmental body; |
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(3) information in an account, voucher, or contract |
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relating to the receipt or expenditure of public or other funds by a |
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governmental body; |
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(4) the name of each official and the final record of |
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voting on all proceedings in a governmental body; |
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(5) all working papers, research material, and |
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information used to estimate the need for or expenditure of public |
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funds or taxes by a governmental body, on completion of the |
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estimate; |
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(6) the name, place of business, and the name of the |
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municipality to which local sales and use taxes are credited, if |
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any, for the named person, of a person reporting or paying sales and |
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use taxes under Chapter 151, Tax Code; |
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(7) a description of an agency's central and field |
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organizations, including: |
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(A) the established places at which the public |
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may obtain information, submit information or requests, or obtain |
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decisions; |
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(B) the employees from whom the public may obtain |
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information, submit information or requests, or obtain decisions; |
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(C) in the case of a uniformed service, the |
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members from whom the public may obtain information, submit |
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information or requests, or obtain decisions; and |
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(D) the methods by which the public may obtain |
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information, submit information or requests, or obtain decisions; |
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(8) a statement of the general course and method by |
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which an agency's functions are channeled and determined, including |
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the nature and requirements of all formal and informal policies and |
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procedures; |
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(9) a rule of procedure, a description of forms |
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available or the places at which forms may be obtained, and |
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instructions relating to the scope and content of all papers, |
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reports, or examinations; |
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(10) a substantive rule of general applicability |
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adopted or issued by an agency as authorized by law, and a statement |
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of general policy or interpretation of general applicability |
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formulated and adopted by an agency; |
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(11) each amendment, revision, or repeal of |
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information described by Subdivisions (7)-(10); |
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(12) final opinions, including concurring and |
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dissenting opinions, and orders issued in the adjudication of |
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cases; |
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(13) a policy statement or interpretation that has |
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been adopted or issued by an agency; |
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(14) administrative staff manuals and instructions to |
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staff that affect a member of the public; |
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(15) information regarded as open to the public under |
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an agency's policies; |
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(16) information that is in a bill for attorney's fees |
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and that is not privileged under the attorney-client privilege; |
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(17) information that is also contained in a public |
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court record; and |
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(18) a settlement agreement to which a governmental |
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body is a party. |
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(b) A court in this state may not order a governmental body |
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or an officer for public information to withhold from public |
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inspection any category of public information described by |
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Subsection (a) or to not produce the category of public information |
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for inspection or duplication, unless the category of information |
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is [expressly made] confidential under this chapter or other law. |
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SECTION 2. The change in law made by this Act to Section |
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552.022, Government Code, applies only to a request for information |
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that is received by a governmental body or an officer for public |
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information on or after the effective date of this Act. A request |
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for information that was received before the effective date of this |
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Act is governed by the law in effect on the date the request was |
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received, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |