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Signed Into Law
Signed June 20, 2025Effective 2025-06-20
HB4310

Regular Session

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

Government Affairs & Regulatory Compliance Analysis

HB4310: Government Affairs Overview

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.

Rep. Cody Vasut·House Bill·Regular Session

Moderate
Low Cost
Effective:2025-06-20

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HB4310
Relating to a special right of access under the public information law for a member of a governing board.
Moderate Urgency
Passed with Opposition
House Vote134 - 4
YEA
97% in favor138 voting
Senate Vote31 - 0
YEA
100% in favor31 voting
4
Total Opposition Votes
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
District CourtsOffice of the Attorney General
Primary Author: Rep. Cody Vasut
89th Texas Legislature
jdkey.com
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.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 11, 2025
Passed House
May 14, 2025
Passed Senate
May 25, 2025
Signed
Jun 20, 2025
Effective
Jun 20, 2025
TopicsCharitable & Nonprofit OrganizationsCity GovernmentCity Government--generalCivil Remedies & LiabilitiesCounty GovernmentCounty Government--generalOpen RecordsState Agencies, Boards & CommissionsAttorney General
03

House Authors

Rep. Cody VasutRepublican · Primary Author
Coauthors (3)

Senate Sponsor

Sen. Bryan HughesRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about HB4310

Q

What does Texas HB4310 do?

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.

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 District Courts (Travis County or Local Jurisdiction for Mandamus) and Office of the Attorney General (Confidentiality Determinations).

Q

How significant are the changes in HB4310?

The regulatory priority for HB4310 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

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.

Q

What are the key dates for HB4310?

Key dates for HB4310: Effective date is 2025-06-20. Rulemaking: Establish procedures and deadlines for submitting briefs and information regarding confidentiality agreement disputes. (Undetermined (Immediate Requirement)). Consult with legal counsel regarding applicability.

Q

What are the penalties under HB4310?

HB4310 establishes the following penalties: civil penalty of Reasonable attorney's fees, expenses, and court costs for Failure or refusal by a governmental or nongovernmental entity to provide access to information as required, resulting in a Writ of Mandamus action.. Consult with legal counsel for specific applicability to your situation.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026