H.B. No. 4310 introduces a new subchapter to Chapter 552 of the Government Code, establishing a special right of access for members of governing boards to public information. This legislation defines a "member of a governing board" as any individual appointed, designated, or elected to direct or serve on a board or group that oversees a governmental body or a nongovernmental entity. The bill allows these members to inspect and duplicate public information maintained by the respective entities in their official capacity, ensuring that such information is provided promptly and without charge. Additionally, it stipulates that if the requested information is confidential, it must be redacted without charge, and members may be asked to sign a confidentiality agreement regarding the handling of such information.
The bill also outlines the procedures for determining the confidentiality of information and provides a mechanism for members to seek a decision from the attorney general if there is a dispute over the confidentiality of the information covered by the confidentiality agreement. If a governmental body or nongovernmental entity fails to comply with the requirements of this subchapter, members can file for a writ of mandamus in district court to compel compliance. The act is set to take effect on September 1, 2025.
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