HB4310

HB4310 gives a governing-board member acting in an official capacity a special right to inspect or copy public information maintained by the governmental body or covered nongovernmental entity the member directs. It expressly includes municipal governing-body members and county commissioners. Records must be provided promptly and without charge. “Promptly” means as soon as possible under the circumstances, within a reasonable time and without delay—not a new universal fixed-day deadline.

The nongovernmental category is not every private business or nonprofit: it refers to entities described in Government Code Section 552.371(a), involving government goods-or-services contracts with stated public expenditures of at least $1 million or at least $1 million spent in a governmental body’s fiscal year. The new subchapter excludes the legislature and legislative agencies created under Subtitle C, Title 3.

Confidentiality is preserved. A member may request free redaction of confidential information. If confidential information is supplied, the entity may request an agreement restricting disclosure, requiring confidential labels and secure storage, or controlling copies and sensitive notes. Providing information under this right does not waive its confidentiality or future disclosure exceptions. Attorney-client privileged material need not be disclosed unless the underlying attorney-client relationship applies to that member; the entity must tell the member when responsive information is withheld on that basis.

A member asked to sign a confidentiality agreement can seek an attorney general decision on whether the covered information is legally confidential. The decision is due promptly and within 45 business days after receipt of the request. An agreement is void only to the extent an attorney general or court determination finds the covered information not confidential. The member or entity can appeal to a Travis County district court; others may appeal if they claim the specified proprietary or legally protected privacy interest.

If the entity does not comply, the requesting member may seek a court order compelling compliance. Venue is Travis County for a state agency, a county where a non-state governmental body is located, or the county of a nongovernmental entity’s principal Texas office. A prevailing member may, rather than automatically must, receive attorney’s fees, expenses and costs. Other legal routes to obtain and use information remain unaffected. The law took effect September 1, 2025.