| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| Yes | Neutral | Neutral | Positive | Positive | Neutral |
Relating to the right of
municipal officers to obtain information, documents, and records.
No significant fiscal implication to the State is anticipated.
SB 336 would add a new
section to the Local Government Code. Specifically, this bill would allow a
municipal officer of a municipal governing body the right to access all confidential
information of the governing body overseen by the municipal officer. This
bill would require the municipal governing body to provide any public and
confidential information to the municipal officer. However, the governing body may
require the officer to sign a confidentiality agreement before handing over
sensitive information.
If the municipal
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 ruling, this bill would
allow the municipal governing body or the municipal officer to appeal the AG’s
decision to the district court if necessary.
SB 336 amends the
Local Government Code by adding a new section to chapter 51. Specifically, this
bill would grant a municipal officer unfettered access to all documents within
the municipal governing body overseen by that officer. This bill would
reinforce and clarify existing law on this right for municipal officers.
It is within the proper
role of government to allow municipal officers to have access to all
information concerning the municipal governing body under their jurisdictional
purview. Additionally, this legislation allows government entities to implement
safeguards for confidential information by requiring municipal officers to sign
a confidentiality agreement before relinquishing any documents.
For these reasons, we
support SB 336 because it is within the proper role of government and it
creates personal responsibility for anyone who has access to confidential
information.