Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
---|---|---|---|---|---|
Yes | Neutral | Neutral | Positive | Positive | Neutral |
Relating to the right of
officers of counties, county boards of school trustees, and county boards of
education to obtain information, documents, and records.
No significant fiscal implication to the State is anticipated.
SB 335 adds a new section to the Local Government Code.
Specifically, this bill would allow a county officer the right to access all
confidential information of the government body the county officer oversees. This bill would require the government body
to provide any public and confidential information to the county officer.
However, the government body may require the county officer to sign a
confidentiality agreement before handing over sensitive information.
If the county officer questions whether certain documents
listed in a confidentiality agreement are confidential in nature, then he or
she may request the attorney general (AG) to make a ruling on this matter. The AG
would have to make this determination within a 45-day time period. Upon making
the decision, this bill would allow the government entity or the county officer
to appeal the AG’s decision to the district court if necessary.
SB 335 amends the Local Government Code by adding a new
section to chapter 89. Specifically, this bill would grant a county official
unfettered access to all documents within the government body overseen by that
county official. This bill would reinforce and clarify existing law on this
right for county officials.
It is within the proper role of government to allow county
officials to have access to all information concerning the government body under
their jurisdictional purview. Additionally, this legislation allows government
entities to implement safeguards for confidential information by requiring county
officials to sign a confidentiality agreement before relinquishing any documents.
For these reasons, we support SB 335 because it is within
the proper role of government and it creates personal responsibility for anyone
who has access to confidential information.