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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain independent school district |
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information by a member of the board of trustees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.1512, Education Code, is amended by |
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amending Subsection (c) and adding Subsections (c-1) and (c-2) to |
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read as follows: |
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(c) A member of the board of trustees of the district, when |
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acting in the member's official capacity, has an inherent right of |
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access to information, documents, and records maintained by the |
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district, and the district shall provide the information, |
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documents, and records to the member without requiring the member |
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to submit a public information request under Chapter 552, |
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Government Code. The district shall provide the information, |
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documents, and records to the member, not later than the 10th day |
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after the date the request is received, without regard to whether |
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the requested items are the subject of or relate to an item listed |
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on an agenda for an upcoming meeting. |
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(c-1) If a district does not provide requested information |
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to a member of the board of trustees in the time required under |
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Subsection (c), the member may bring suit against the district for |
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appropriate injunctive relief. A member who prevails in a suit |
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under this subsection is entitled to recover court costs and |
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reasonable attorney's fees. The district shall pay the costs and |
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fees from the budget of the superintendent's office. |
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(c-2) A board member shall maintain the confidentiality of |
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information, documents, and records received under Subsection (c) |
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as required by [The district may withhold or redact information, a
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document, or a record requested by a member of the board to the
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extent that the item is excepted from disclosure or is confidential
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under Chapter 552, Government Code, or other law.
This subsection
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does not require the district to provide information, documents,
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and records that are not subject to disclosure under] the Family |
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Educational Rights and Privacy Act of 1974 (20 U.S.C. Section |
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1232g) and any other applicable privacy laws. |
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SECTION 2. The changes in law made by this Act apply only to |
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a request for information received on or after the effective date of |
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this Act. A request for information received before the effective |
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date of this Act is governed by the law in effect when the request |
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was 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, 2017. |