Relating to a special right of access under the public information law for a member of a governing board.
ModeratePlan for compliance
Low Cost
Effective:2025-06-20
Enforcing Agencies
Office of the Attorney General (Confidentiality Determinations) • District Courts (Travis County or Local Jurisdiction for Mandamus)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date:June 20, 2025 (Note: While the bill text lists September 1, the legislative record confirms a supermajority vote, triggering immediate effect upon signature).
Compliance Deadline:June 20, 2025 (You must have confidentiality protocols in place immediately).
Agency Rulemaking: The Office of the Attorney General (OAG) must establish procedures for submitting briefs regarding confidentiality disputes. Regulatory Gray Zone: Until these rules are published, you must rely on existing PIA dispute mechanisms, but the board member's right of access remains active immediately.
Immediate Action Plan
1.Draft the Confidentiality Agreement: Create a template requiring the board member to protect the security of the information and destroy copies upon leaving office. Have this ready by June 1, 2025.
2.Update Billing Protocols: Instruct finance/records departments that all Board Member requests are now $0.00.
3.Brief the Board: Place an item on the next agenda to explain the new rights and the mandatory Confidentiality Agreement process to avoid future political fallout.
4.Segregate ACP Files: Identify current legal files where a board member is the subject of an investigation; these are likely the only files you can legally withhold.
Operational Changes Required
Contracts
Vendor NDAs: Review all Master Service Agreements (MSAs) and Non-Disclosure Agreements. You must amend future contracts to explicitly acknowledge that "Confidential Information" may be disclosed to governing board members under Texas Government Code Subchapter K.
D&O Insurance: Review Directors & Officers liability policies. Confirm if your policy covers legal costs for "Insured vs. Insured" disputes, as this bill increases the likelihood of a board member suing the entity for access.
Hiring/Training
Public Information Officers (PIOs): Staff must be retrained to identify "Board Member Requests" versus "Standard Public Requests." They must stop redacting confidential information (e.g., trade secrets, personnel files) for board members unless a specific Attorney-Client Privilege exception applies.
Legal Counsel: In-house counsel must establish a protocol for determining when a board member is "adverse" to the body, the only scenario where Attorney-Client Privilege can be used to withhold records.
Reporting & Record-Keeping
New Form Required: You must draft and deploy a Section 552.404 Confidentiality Agreement. Do not release confidential records to a board member without this signed document.
Audit Trail: Maintain a specific log of board member requests, including the date received, the date the Confidentiality Agreement was signed, and the date records were provided, to defend against claims of delay.
Fees & Costs
Fee Elimination: Update billing software immediately. You cannot charge a board member for labor, overhead, or materials for these requests.
Litigation Risk: Budget for potential adverse attorney's fees. If a board member prevails in a Writ of Mandamus suit, the court may order the entity to pay their legal costs.
Strategic Ambiguities & Considerations
"Official Capacity": The statute grants access only when the member acts in their "official capacity" but fails to define the term. Expect friction if a member requests documents for personal or political use. Warning: Denying a request on these grounds is high-risk until case law clarifies the definition.
"Promptly": The law requires information be provided "promptly" but does not set a hard hour/day limit. Board members may interpret this as "immediately," while staff interprets it as "reasonable time." Establish an internal Service Level Agreement (e.g., 3 business days) to manage expectations.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
The Public Information Act ensures public access to government records. However, the bill author has informed the committee that members of governing boards have faced challenges in accessing certain public information necessary for informed decision-making, especially when the information is deemed confidential or is otherwise excepted from required disclosure. H.B. 4310 seeks to grant governing board members the right to inspect and duplicate public information maintained by the respective governmental body or nongovernmental entity served by the members, provided the members act in their official capacity.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the attorney general in SECTION 1 of this bill.
ANALYSIS
H.B. 4310 amends the Government Code to authorize a member of the governing board of a governmental body or nongovernmental entity to inspect, duplicate, or inspect and duplicate public information maintained by the governmental body or the nongovernmental entity if the member is acting in the member's official capacity. The bill requires public information requested under the bill's provisions to be provided to the member promptly and without charge. The bill requires public information that is confidential under law, if requested by the member under the bill's provisions, to be redacted from the information provided to the member without charge.
H.B. 4310 authorizes a governmental body or a nongovernmental entity that has been requested to provide information under the bill's provisions to request the member of a governing board who is receiving public information that is confidential under law to sign a confidentiality agreement that covers the information and requires the following:
·the information not be disclosed;
·the information be labeled as confidential;
·the information be kept securely; or
·the number of copies made of the information or the notes taken from the information that implicate the confidential nature of the information be controlled, with all copies or notes that are not destroyed or returned remaining confidential and subject to the confidentiality agreement.
The bill establishes that a governmental body or nongovernmental entity, by providing public information under the bill's provisions that is confidential or otherwise excepted from required disclosure under law, does not waive or affect the confidentiality of the information for purposes of state or federal law or waive the right to assert exceptions to required disclosure of the information in the future.
H.B. 4310 authorizes a member of a governing board who has received a request to sign a confidentiality agreement to seek a decision about whether the information covered by the confidentiality agreement is confidential under law. The bill establishes that such a signed confidentiality agreement is void to the extent that the agreement covers information that is determined by the attorney general or a court to not be confidential under law.
H.B. 4310 requires the attorney general to do the following:
·establish by rule procedures and deadlines for receiving information necessary to decide the matter and briefs from the member of a governing board, the governmental body or nongovernmental entity, and any other interested person;
·promptly render a decision determining whether the information covered by the confidentiality agreement is confidential under law not later than the 45th business day after the date the attorney general received the request for a decision; and
·issue a written decision on the matter and provide a copy of the decision to the member, the governmental body or nongovernmental entity, and any interested person who submitted necessary information or a brief to the attorney general about the matter.
The bill authorizes the member or the governmental body or nongovernmental entity to appeal the attorney general's decision to a Travis County district court. The bill authorizes any other person to appeal the attorney general's decision to a Travis County district court if the person claims a proprietary interest in the information affected by the decision or a privacy interest in the information that a confidentiality law or judicial decision is designed to protect.
H.B. 4310 authorizes a member of a governing board who made a public information request, if a governmental body or nongovernmental entity fails or refuses to comply with an applicable requirement of the bill's provisions, to file a motion, petition, or other appropriate pleading in a district court having jurisdiction for a writ of mandamus to compel the body or entity to comply with the applicable requirement. The bill requires such a pleading to be brought in the following locations:
·in Travis County for a governmental body that is a state agency;
·in a county in which the governmental body is located for a governmental body that is not a state agency; or
·in the county where the entity's principal office in this state is located for a nongovernmental entity.
The bill authorizes the court, if a member prevails in the appropriate pleading, to award reasonable attorney's fees, expenses, and court costs.
H.B. 4310 does not affect the procedures under which information may be obtained under other law or the use that may be made of information obtained under other law.
H.B. 4310 defines the following:
·"member of a governing board" as any individual who is appointed, designated, or elected to direct or serve on a board or other group of individuals that directs a governmental body or a nongovernmental entity, including a member of the governing body of a municipality and a county commissioner; and
·"nongovernmental entity" and "promptly" by reference to provisions under state public information law relating to certain entities required to provide contracting information and an application for public information, respectively.
Honorable Giovanni Capriglione, Chair, House Committee on Delivery of Government Efficiency
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB4310 by Vasut (Relating to a special right of access under the public information law for a member of a governing board.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill grants governing board members of governmental and non-governmental entities a special right of access to public records. It is assumed that any costs associated with the bill could be absorbed using existing resources.
The bill would create a process for providing the requested information. The bill would establish a process through which the Attorney General will determine if the information requested is confidential under the law. A ruling by the Attorney General may be appealed to a Travis County district court. The bill would allow a board member to seek a writ of mandamus from a district court to compel compliance if a government or nongovernmental entity fails to comply with the requirements of the bill. The revenue impact would be dependent on the number of requests made, the timing and scale of any litigation, and associated attorney's fees, expenses, and court costs, and cannot be determined.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 242 State Commission on Judicial Conduct, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 320 Texas Workforce Commission, 352 Bond Review Board, 452 Department of Licensing and Regulation, 503 Texas Medical Board, 529 Health and Human Services Commission, 582 Commission on Environmental Quality, 601 Department of Transportation, 710 Texas A&M University System Administrative and General Offices, 720 The University of Texas System Administration
LBB Staff:
JMc, RStu, THO, KTw
Related Legislation
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HB4310 fundamentally alters internal governance for governmental bodies and publicly funded non-profits by granting individual board members an immediate, cost-free statutory right to inspect internal records, including confidential information. Effective June 20, 2025, organizations must bifurcate their Public Information Act (PIA) workflows to accommodate these "Special Right of Access" requests or face immediate Writ of Mandamus litigation and liability for the board member’s attorney’s fees. Implementation Timeline Effective Date: June 20, 2025 (Note: While the bill text lists September 1, the legislative record confirms a supermajority vote, triggering immediate effect upon signature).
Q
Who authored HB4310?
HB4310 was authored by Texas Representative Cody Vasut during the Regular Session.
Q
When was HB4310 signed into law?
HB4310 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB4310?
HB4310 is enforced by Office of the Attorney General (Confidentiality Determinations) and District Courts (Travis County or Local Jurisdiction for Mandamus).
Q
How urgent is compliance with HB4310?
The compliance urgency for HB4310 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB4310?
The cost impact of HB4310 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB4310 address?
HB4310 addresses topics including charitable & nonprofit organizations, city government, city government--general, civil remedies & liabilities and county government.
Legislative data provided by LegiScanLast updated: November 25, 2025
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