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Relating to the right of
directors of special districts to obtain district information, documents, and
records.
No significant fiscal implication to the State is anticipated.
SB 337 would add a new section to the Local Government Code.
Specifically, this bill would allow a director of a special district the right
to access all confidential information of a special district overseen by that
director. This bill would require the
special district to provide any public and confidential information to the
director. However, the special district may require the director to sign a
confidentiality agreement before handing over sensitive information.
If the director 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 special district or the director to appeal
the AG’s decision to the district court if necessary.
SB 337 amends the Local Government Code by adding a new
section to chapter 201. Specifically, this bill would grant a directors
unfettered access to all documents within the special district overseen by that
director. This bill would reinforce and clarify existing law on this right for directors.
It is within the proper role of government to allow directors
to have access to all information concerning the special district under their
jurisdictional purview. Additionally, this legislation allows government
entities to implement safeguards for confidential information by requiring directors
to sign a confidentiality agreement before relinquishing any documents.
For these reasons, we support SB 337 because it is within
the proper role of government and it creates personal responsibility for anyone
who has access to confidential information.