TexasHB 431089th Legislature Regular SessionHouse

Relating to a special right of access under the public information law for a member of a governing board.

Sponsored By: Bryan Hughes (Republican), Cody Vasut

Became Law

Charitable & Nonprofit OrganizationsCity Government--GeneralCivil Remedies & LiabilitiesCounty Government--GeneralOpen RecordsState Agencies, Boards & CommissionsATTORNEY GENERAL

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Board members can enforce records access

Beginning September 1, 2025, requesting board members can seek a court order when a covered body fails to follow these rules. Cases against state agencies go to Travis County; cases against other government bodies go to the county where they are located. Cases against nongovernmental entities go to the county of their main Texas office. If the member wins, the court can award reasonable legal fees, expenses, and court costs; payment is not automatic.

Board members face confidentiality safeguards

Beginning September 1, 2025, covered bodies can require board members receiving confidential information to sign a confidentiality agreement. It can require members not to share it, label it confidential, store it securely, and limit copies or notes. Copies and notes stay confidential; sharing with a member does not waive legal confidentiality or future disclosure exceptions. The Texas attorney general decides whether information covered by an agreement is confidential and sets submission procedures and deadlines. The attorney general must issue a written decision within 45 business days after receiving the request and send affected parties copies. Members and covered bodies can appeal to a Travis County district court, as can people claiming affected privacy or ownership interests.

Board members get access with limits

Beginning September 1, 2025, covered Texas board members can promptly inspect or copy their body's public information for free. They must act in their official role; covered members include appointed, designated, or elected leaders, municipal governing members, and county commissioners. The right covers government bodies and certain nongovernmental entities, but excludes the legislature and specified legislative agencies. At the member's request, legally confidential information must be removed for free. Lawyer-client privileged information stays excluded unless that relationship applies to the member; the body must notify members when withholding it. The law leaves access procedures and use of information under other laws unchanged.

Sponsors & Cosponsors

Sponsors

  • Bryan Hughes

    Republican • Senate

  • Cody Vasut

    House

Cosponsors

  • Katrina Pierson

    House

  • Valoree Swanson

    House

  • Steve Toth

    House

Roll Call Votes

All Roll Calls

Yes: 394 • No: 17

House vote • 5/28/2025

Record vote

Yes: 112 • No: 13

Senate vote • 5/25/2025

Record vote

Yes: 0 • No: 0

Senate vote • 5/25/2025

Record vote

Yes: 0 • No: 0

House vote • 5/14/2025

Record vote

Yes: 134 • No: 4

House vote • 5/13/2025

Record vote

Yes: 126 • No: 0

House vote • Unknown

Committee vote: Delivery of Government Efficiency

Yes: 11 • No: 0

Senate vote • Unknown

Committee vote: Business & Commerce

Yes: 11 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    6/20/2025House
  2. Filed without the Governor's signature

    6/20/2025House
  3. Sent to the Governor

    5/31/2025House
  4. Signed in the Senate

    5/31/2025Senate
  5. Signed in the House

    5/30/2025House
  6. Reported enrolled

    5/29/2025House
  7. House concurs in Senate amendment(s)-reported

    5/28/2025Senate
  8. Text of Senate Amendment(s)

    5/28/2025House
  9. Statement(s) of vote recorded in Journal

    5/28/2025House
  10. Record vote (RV#3968)

    5/28/2025House
  11. House concurs in Senate amendment(s)

    5/28/2025House
  12. Senate Amendments Analysis distributed

    5/25/2025House
  13. Senate Amendments distributed

    5/25/2025House
  14. Senate passage as amended reported

    5/25/2025House
  15. Record vote

    5/25/2025Senate
  16. Passed

    5/25/2025Senate
  17. Read 3rd time

    5/25/2025Senate
  18. Record vote

    5/25/2025Senate
  19. Three day rule suspended

    5/25/2025Senate
  20. Vote recorded in Journal

    5/25/2025Senate
  21. Read 2nd time & passed to 3rd reading

    5/25/2025Senate
  22. Laid before the Senate

    5/25/2025Senate
  23. Placed on local & uncontested calendar

    5/25/2025Senate
  24. Committee report printed and distributed

    5/20/2025Senate
  25. Recommended for local & uncontested calendar

    5/20/2025Senate

Bill Text

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