reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter H. Civil Enforcement › Section 552.325. Parties to Suit Seeking to Withhold Information

Sec. 552.325.  PARTIES TO SUIT SEEKING TO WITHHOLD INFORMATION.  (a)  A governmental body, officer for public information, or other person or entity that files a suit seeking to withhold information from a requestor may not file suit against the person requesting the information.  The requestor is entitled to intervene in the suit.
(b)  The governmental body, officer for public information, or other person or entity that files the suit shall demonstrate to the court that the governmental body, officer for public information, or other person or entity made a timely good faith effort to inform the requestor, by certified mail or by another written method of notice that requires the return of a receipt, of:
(1)  the existence of the suit, including the subject matter and cause number of the suit and the court in which the suit is filed;
(2)  the requestor's right to intervene in the suit or to choose to not participate in the suit;
(3)  the fact that the suit is against the attorney general in Travis County district court; and
(4)  the address and phone number of the office of the attorney general.
(c)  If the attorney general enters into a proposed settlement that all or part of the information that is the subject of the suit should be withheld, the attorney general shall notify the requestor of that decision and, if the requestor has not intervened in the suit, of the requestor's right to intervene to contest the withholding.  The attorney general shall notify the requestor:
(1)  in the manner required by the Texas Rules of Civil Procedure, if the requestor has intervened in the suit;  or
(2)  by certified mail or by another written method of notice that requires the return of a receipt, if the requestor has not intervened in the suit.
(d)  The court shall allow the requestor a reasonable period to intervene after the attorney general attempts to give notice under Subsection (c)(2).
Added by Acts 1995, 74th Leg., ch. 578, Sec. 1, eff. Aug. 28, 1995;  Acts 1995, 74th Leg., ch. 1035, Sec. 24, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 13.01, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1231, Sec. 9, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 11, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter H. Civil Enforcement › Section 552.326. Failure to Raise Exceptions Before Attorney General

Sec. 552.326.  FAILURE TO RAISE EXCEPTIONS BEFORE ATTORNEY GENERAL.  (a)  Except as provided by Subsection (b), the only exceptions to required disclosure within Subchapter C  that a governmental body may raise in a suit filed under this chapter are exceptions that the governmental body properly raised before the attorney general in connection with its request for a decision regarding the matter under Subchapter G.
(b)  Subsection (a) does not prohibit a governmental body from raising an exception:
(1)  based on a requirement of federal law;  or
(2)  involving the property or privacy interests of another person.
Added by Acts 1999, 76th Leg., ch. 1319, Sec. 31, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter H. Civil Enforcement › Section 552.327. Dismissal of Suit Due to Requestor's Withdrawal or Abandonment of Request

Sec. 552.327.  DISMISSAL OF SUIT DUE TO REQUESTOR'S WITHDRAWAL OR ABANDONMENT OF REQUEST.  A court may dismiss a suit challenging a decision of the attorney general brought in accordance with this chapter if:
(1)  all parties to the suit agree to the dismissal; and
(2)  the attorney general determines and represents to the court that the requestor has voluntarily withdrawn the request for information in writing or has abandoned the request.
Added by Acts 2007, 80th Leg., R.S., Ch. 474 (H.B. 2248), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter I. Criminal Violations › Section 552.351. Destruction, Removal, or Alteration of Public Information

Sec. 552.351.  DESTRUCTION, REMOVAL, OR ALTERATION OF PUBLIC INFORMATION.  (a)  A person commits an offense if the person wilfully destroys, mutilates, removes without permission as provided by this chapter, or alters public information.
(b)  An offense under this section is a misdemeanor punishable by:
(1)  a fine of not less than $25 or more than $4,000;
(2)  confinement in the county jail for not less than three days or more than three months;  or
(3)  both the fine and confinement.
(c)  It is an exception to the application of Subsection (a) that the public information was transferred under Section 441.204.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 25, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 771, Sec. 2, eff. June 13, 2001.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter I. Criminal Violations › Section 552.352. Distribution or Misuse of Confidential Information

Sec. 552.352.  DISTRIBUTION OR MISUSE OF CONFIDENTIAL INFORMATION.  (a)  A person commits an offense if the person distributes information considered confidential under the terms of this chapter.
(a-1)  An officer or employee of a governmental body who obtains access to confidential information under Section 552.008 commits an offense if the officer or employee knowingly:
(1)  uses the confidential information for a purpose other than the purpose for which the information was received or for a purpose unrelated to the law that permitted the officer or employee to obtain access to the information, including solicitation of political contributions or solicitation of clients;
(2)  permits inspection of the confidential information by a person who is not authorized to inspect the information;  or
(3)  discloses the confidential information to a person who is not authorized to receive the information.
(a-2)  For purposes of Subsection (a-1), a member of an advisory committee to a governmental body who obtains access to confidential information in that capacity is considered to be an officer or employee of the governmental body.
(b)  An offense under this section is a misdemeanor punishable by:
(1)  a fine of not more than $1,000;
(2)  confinement in the county jail for not more than six months;  or
(3)  both the fine and confinement.
(c)  A violation under this section constitutes official misconduct.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 7.01, 7.02, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1089, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter I. Criminal Violations › Section 552.353. Failure or Refusal of Officer for Public Information to Provide Access to or Copying of Public Information

Sec. 552.353.  FAILURE OR REFUSAL OF OFFICER FOR PUBLIC INFORMATION TO PROVIDE ACCESS TO OR COPYING OF PUBLIC INFORMATION.  (a)  An officer for public information, or the officer's agent, commits an offense if, with criminal negligence, the officer or the officer's agent fails or refuses to give access to, or to permit or provide copying of, public information to a requestor as provided by this chapter.
(b)  It is an affirmative defense to prosecution under Subsection (a) that the officer for public information reasonably believed that public access to the requested information was not required and that:
(1)  the officer acted in reasonable reliance on a court order or a written interpretation of this chapter contained in an opinion of a court of record or of the attorney general issued under Subchapter G;
(2)  the officer requested a decision from the attorney general in accordance with Subchapter G, and the decision is pending; or
(3)  not later than the 10th calendar day after the date of receipt of a decision by the attorney general that the information is public, the officer or the governmental body for whom the defendant is the officer for public information filed a petition for a declaratory judgment against the attorney general in a Travis County district court seeking relief from compliance with the decision of the attorney general, as provided by Section 552.324, and the cause is pending.
(c)  It is an affirmative defense to prosecution under Subsection (a) that a person or entity has, not later than the 10th calendar day after the date of receipt by a governmental body of a decision by the attorney general that the information is public, filed a cause of action seeking relief from compliance with the decision of the attorney general, as provided by Section 552.325, and the cause is pending.
(d)  It is an affirmative defense to prosecution under Subsection (a) that the defendant is the agent of an officer for public information and that the agent reasonably relied on the written instruction of the officer for public information not to disclose the public information requested.
(e)  An offense under this section is a misdemeanor punishable by:
(1)  a fine of not more than $1,000;
(2)  confinement in the county jail for not more than six months;  or
(3)  both the fine and confinement.
(f)  A violation under this section constitutes official misconduct.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 25, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 12, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter J. Additional Provisions Related to Contracting Information › Section 552.372. Bids and Contracts

Sec. 552.372.  BIDS AND CONTRACTS.  (a)  A contract described by Section 552.371 must require a contracting entity to:
(1)  preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract;
(2)  promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and
(3)  on completion of the contract, either:
(A)  provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or
(B)  preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body.
(b)  Unless Section 552.374(c) applies, a bid for a contract described by Section 552.371 and the contract must include the following statement:  "The requirements of Subchapter J, Chapter 552, Government Code, may apply to this (include "bid" or "contract" as applicable) and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter."
(c)  A governmental body may not accept a bid for a contract described by Section 552.371 or award the contract to an entity that the governmental body has determined has knowingly or intentionally failed to comply with this subchapter in a previous bid or contract described by that section unless the governmental body determines and documents that the entity has taken adequate steps to ensure future compliance with the requirements of this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1216 (S.B. 943), Sec. 9, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter J. Additional Provisions Related to Contracting Information › Section 552.373. Noncompliance With Provision of Subchapter

Sec. 552.373.  NONCOMPLIANCE WITH PROVISION OF SUBCHAPTER.  A governmental body that is the party to a contract described by Section 552.371 shall provide notice to the entity that is a party to the contract if the entity fails to comply with a requirement of this subchapter applicable to the entity.  The notice must:
(1)  be in writing;
(2)  state the requirement of this subchapter that the entity has violated; and
(3)  unless Section 552.374(c) applies, advise the entity that the governmental body may terminate the contract without further obligation to the entity if the entity does not cure the violation on or before the 10th business day after the date the governmental body provides the notice.
Added by Acts 2019, 86th Leg., R.S., Ch. 1216 (S.B. 943), Sec. 9, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter J. Additional Provisions Related to Contracting Information › Section 552.374. Termination of Contract for Noncompliance

Sec. 552.374.  TERMINATION OF CONTRACT FOR NONCOMPLIANCE.  (a)  Subject to Subsection (c), a governmental body may terminate a contract described by Section 552.371 if:
(1)  the governmental body provides notice under Section 552.373 to the entity that is party to the contract;
(2)  the contracting entity does not cure the violation in the period prescribed by Section 552.373;
(3)  the governmental body determines that the contracting entity has intentionally or knowingly failed to comply with a requirement of this subchapter; and
(4)  the governmental body determines that the entity has not taken adequate steps to ensure future compliance with the requirements of this subchapter.
(b)  For the purpose of Subsection (a), an entity has taken adequate steps to ensure future compliance with this subchapter if:
(1)  the entity produces contracting information requested by the governmental body that is in the custody or possession of the entity not later than the 10th business day after the date the governmental body makes the request; and
(2)  the entity establishes a records management program to enable the entity to comply with this subchapter.
(c)  A governmental body may not terminate a contract under this section if the contract is related to the purchase or underwriting of a public security, the contract is or may be used as collateral on a loan, or the contract's proceeds are used to pay debt service of a public security or loan.
Added by Acts 2019, 86th Leg., R.S., Ch. 1216 (S.B. 943), Sec. 9, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter J. Additional Provisions Related to Contracting Information › Section 552.375. Other Contract Provisions

Sec. 552.375.  OTHER CONTRACT PROVISIONS.  Nothing in this subchapter prevents a governmental body from including and enforcing more stringent requirements in a contract to increase accountability or transparency.
Added by Acts 2019, 86th Leg., R.S., Ch. 1216 (S.B. 943), Sec. 9, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter J. Additional Provisions Related to Contracting Information › Section 552.376. Cause of Action Not Created

Sec. 552.376.  CAUSE OF ACTION NOT CREATED.  This subchapter does not create a cause of action to contest a bid for or the award of a contract with a governmental body.
Added by Acts 2019, 86th Leg., R.S., Ch. 1216 (S.B. 943), Sec. 9, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 553 - Public Disclosure › Subchapter A. Disclosure by Public Servant of Interest in Property to Be Acquired With Public Funds › Section 553.001. Definitions

Sec. 553.001.  DEFINITIONS.  In this subchapter:
(1)  "Public funds" includes only funds collected by or through a government.
(2)  "Public servant" means a person who is elected, appointed, employed, or designated, even if not yet qualified for or having assumed the duties of office, as:
(A)  a candidate for nomination or election to public office;  or
(B)  an officer of government.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 553 - Public Disclosure › Subchapter A. Disclosure by Public Servant of Interest in Property to Be Acquired With Public Funds › Section 553.002. Disclosure of Interest in Property

Sec. 553.002.  DISCLOSURE OF INTEREST IN PROPERTY.  (a)  A public servant who has a legal or equitable interest in property that is to be acquired with public funds shall file an affidavit within 10 days before the date on which the property is to be acquired by purchase or condemnation.
(b)  The affidavit must:
(1)  state the name of the public servant;
(2)  state the public servant's office, public title, or job designation;
(3)  fully describe the property;
(4)  fully describe the nature, type, and amount of interest in the property, including the percentage of ownership interest;
(5)  state the date when the person acquired an interest in the property;
(6)  include a verification as follows:  "I swear that the information in this affidavit is personally known by me to be correct and contains the information required by Section 553.002, Government Code";  and
(7)  contain an acknowledgement of the same type required for recording a deed in the deed records of the county.
(c)  The affidavit must be filed with:
(1)  the county clerk of the county in which the public servant resides;  and
(2)  the county clerk of each county in which the property is located.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 553 - Public Disclosure › Subchapter A. Disclosure by Public Servant of Interest in Property to Be Acquired With Public Funds › Section 553.003. Criminal Penalty; Presumption

Sec. 553.003.  CRIMINAL PENALTY;  PRESUMPTION.  (a)  A person commits an offense if the person violates Section 553.002 and the person has actual notice of the acquisition or intended acquisition of the legal or equitable interest in the property.
(b)  A person who violates Section 553.002 by not filing the affidavit required by that section is presumed to have the intent to commit an offense under this section.
(c)  An offense under this section is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 553 - Public Disclosure › Subchapter B. Failure by Public Officer to Publish Legal Notice or Financial Statement › Section 553.021. Definition

Sec. 553.021.  DEFINITION.  In this subchapter, "public officer" means an officer of the state or of a county, municipality, or school district of the state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 553 - Public Disclosure › Subchapter B. Failure by Public Officer to Publish Legal Notice or Financial Statement › Section 553.022. Failure to Publish Legal Notice or Financial Statement; Civil Penalty

Sec. 553.022.  FAILURE TO PUBLISH LEGAL NOTICE OR FINANCIAL STATEMENT;  CIVIL PENALTY.  (a)  A public officer who is required by law to publish a legal notice or financial statement commits nonfeasance of office if the officer fails to make the publication.
(b)  A public officer who commits nonfeasance of office:
(1)  is subject to forfeiture of salary for the month in which the notice or statement is not published;  and
(2)  may be removed from office if the officer wilfully continues to commit nonfeasance of office under Subsection (a).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 553 - Public Disclosure › Subchapter B. Failure by Public Officer to Publish Legal Notice or Financial Statement › Section 553.023. Enforcement

Sec. 553.023.  ENFORCEMENT.  (a)  The county or district attorney of the county in which a public officer who commits nonfeasance of office under Section 553.022 resides may file an action to enjoin or recover payment of salary or to remove the person from office.
(b)  An action under this section must be filed in the appropriate district court.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 554 - Protection for Reporting Violations of Law › Section 554.001. Definitions

Sec. 554.001.  DEFINITIONS.  In this chapter:
(1)  "Law" means:
(A)  a state or federal statute;
(B)  an ordinance of a local governmental entity;  or
(C)  a rule adopted under a statute or ordinance.
(2)  "Local governmental entity" means a political subdivision of the state, including a:
(A)  county;
(B)  municipality;
(C)  public school district;  or
(D)  special-purpose district or authority.
(3)  "Personnel action" means an action that affects a public employee's compensation, promotion, demotion, transfer, work assignment, or performance evaluation.
(4)  "Public employee" means an employee or appointed officer other than an independent contractor who is paid to perform services for a state or local governmental entity.
(5)  "State governmental entity" means:
(A)  a board, commission, department, office, or other agency in the executive branch of state government, created under the constitution or a statute of the state, including an institution of higher education, as defined by Section 61.003, Education Code;
(B)  the legislature or a legislative agency;  or
(C)  the Texas Supreme Court, the Texas Court of Criminal Appeals, a court of appeals, a state judicial agency, or the State Bar of Texas.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 721, Sec. 1, eff. June 15, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 554 - Protection for Reporting Violations of Law › Section 554.002. Retaliation Prohibited for Reporting Violation of Law

Sec. 554.002.  RETALIATION PROHIBITED FOR REPORTING VIOLATION OF LAW.  (a)  A state or local governmental entity may not suspend or terminate the employment of, or take other adverse personnel action against, a public employee who in good faith reports a violation of law by the employing governmental entity or another public employee to an appropriate law enforcement authority.
(b)  In this section, a report is made to an appropriate law enforcement authority if the authority is a part of a state or local governmental entity or of the federal government that the employee in good faith believes is authorized to:
(1)  regulate under or enforce the law alleged to be violated in the report;  or
(2)  investigate or prosecute a violation of criminal law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 721, Sec. 2, eff. June 15, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 554 - Protection for Reporting Violations of Law › Section 554.003. Relief Available to Public Employee

Sec. 554.003.  RELIEF AVAILABLE TO PUBLIC EMPLOYEE.  (a)  A public employee whose employment is suspended or terminated or who is subjected to an adverse personnel action in violation of Section 554.002 is entitled to sue for:
(1)  injunctive relief;
(2)  actual damages;
(3)  court costs;  and
(4)  reasonable attorney fees.
(b)  In addition to relief under Subsection (a), a public employee whose employment is suspended or terminated in violation of this chapter is entitled to:
(1)  reinstatement to the employee's former position or an equivalent position;
(2)  compensation for wages lost during the period of suspension or termination;  and
(3)  reinstatement of fringe benefits and seniority rights lost because of the suspension or termination.
(c)  In a suit under this chapter against an employing state or local governmental entity, a public employee may not recover compensatory damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses in an amount that exceeds:
(1)  $50,000, if the employing state or local governmental entity has fewer than 101 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year;
(2)  $100,000, if the employing state or local governmental entity has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year;
(3)  $200,000, if the employing state or local governmental entity has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year;  and
(4)  $250,000, if the employing state or local governmental entity has more than 500 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year.
(d)  If more than one subdivision of Subsection (c) applies to an employing state or local governmental entity, the amount of monetary damages that may be recovered from the entity in a suit brought under this chapter is governed by the applicable provision that provides the highest damage award.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 721, Sec. 3, eff. June 15, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 554 - Protection for Reporting Violations of Law › Section 554.0035. Waiver of Immunity

Sec. 554.0035.  WAIVER OF IMMUNITY.  A public employee who alleges a violation of this chapter may sue the employing state or local governmental entity for the relief provided by this chapter.  Sovereign immunity is waived and abolished to the extent of liability for the relief allowed under this chapter for a violation of this chapter.
Added by Acts 1995, 74th Leg., ch. 721, Sec. 4, eff. June 15, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 554 - Protection for Reporting Violations of Law › Section 554.004. Burden of Proof; Presumption; Affirmative Defense

Sec. 554.004.  BURDEN OF PROOF;  PRESUMPTION;  AFFIRMATIVE DEFENSE.  (a)  A public employee who sues under this chapter has the burden of proof, except that if the suspension or termination of, or adverse personnel action against, a public employee occurs not later than the 90th day after the date on which the employee reports a violation of law, the suspension, termination, or adverse personnel action is presumed, subject to rebuttal, to be because the employee made the report.
(b)  It is an affirmative defense to a suit under this chapter that the employing state or local governmental entity would have taken the action against the employee that forms the basis of the suit based solely on information, observation, or evidence that is not related to the fact that the employee made a report protected under this chapter of a violation of law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 721, Sec. 5, eff. June 15, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 554 - Protection for Reporting Violations of Law › Section 554.005. Limitation Period

Sec. 554.005.  LIMITATION PERIOD.  Except as provided by Section 554.006, a public employee who seeks relief under this chapter must sue not later than the 90th day after the date on which the alleged violation of this chapter:
(1)  occurred;  or
(2)  was discovered by the employee through reasonable diligence.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 554 - Protection for Reporting Violations of Law › Section 554.006. Use of Grievance or Appeal Procedures

Sec. 554.006.  USE OF GRIEVANCE OR APPEAL PROCEDURES.  (a)  A public employee must initiate action under the grievance or appeal procedures of the employing state or local governmental entity relating to suspension or termination of employment or adverse personnel action before suing under this chapter.
(b)  The employee must invoke the applicable grievance or appeal procedures not later than the 90th day after the date on which the alleged violation of this chapter:
(1)  occurred;  or
(2)  was discovered by the employee through reasonable diligence.
(c)  Time used by the employee in acting under the grievance or appeal procedures is excluded, except as provided by Subsection (d), from the period established by Section 554.005.
(d)  If a final decision is not rendered before the 61st day after the date procedures are initiated under Subsection (a), the employee may elect to:
(1)  exhaust the applicable procedures under Subsection (a), in which event the employee must sue not later than the 30th day after the date those procedures are exhausted to obtain relief under this chapter;  or
(2)  terminate procedures under Subsection (a), in which event the employee must sue within the time remaining under Section 554.005 to obtain relief under this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 721, Sec. 6, eff. June 15, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 554 - Protection for Reporting Violations of Law › Section 554.007. Where Suit Brought

Sec. 554.007.  WHERE SUIT BROUGHT.  (a)  A public employee of a state governmental entity may sue under this chapter in a district court of the county in which the cause of action arises or in a district court of Travis County.
(b)  A public employee of a local governmental entity may sue under this chapter in a district court of the county in which the cause of action arises or in a district court of any county in the same geographic area that has established with the county in which the cause of action arises a council of governments or other regional commission under Chapter 391, Local Government Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 721, Sec. 7, eff. June 15, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 554 - Protection for Reporting Violations of Law › Section 554.008. Civil Penalty

Sec. 554.008.  CIVIL PENALTY.  (a)  A supervisor who in violation of this chapter suspends or terminates the employment of a public employee or takes an adverse personnel action against the employee is liable for a civil penalty not to exceed $15,000.
(b)  The attorney general or appropriate prosecuting attorney may sue to collect a civil penalty under this section.
(c)  A civil penalty collected under this section shall be deposited in the state treasury.
(d)  A civil penalty assessed under this section shall be paid by the supervisor and may not be paid by the employing governmental entity.
(e)  The personal liability of a supervisor or other individual under this chapter is limited to the civil penalty that may be assessed under this section.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 721, Sec. 8, eff. June 15, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 554 - Protection for Reporting Violations of Law › Section 554.009. Notice to Employees

Sec. 554.009.  NOTICE TO EMPLOYEES.  (a)  A state or local governmental entity shall inform its employees of their rights under this chapter by posting a sign in a prominent location in the workplace.
(b)  The attorney general shall prescribe the design and content of the sign required by this section.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 721, Sec. 9, eff. June 15, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 554 - Protection for Reporting Violations of Law › Section 554.010. Audit of State Governmental Entity After Suit

Sec. 554.010.  AUDIT OF STATE GOVERNMENTAL ENTITY AFTER SUIT.  (a)  At the conclusion of a suit that is brought under this chapter against a state governmental entity subject to audit under Section 321.013 and in which the entity is required to pay $10,000 or more under the terms of a settlement agreement or final judgment, the attorney general shall provide to the state auditor's office a brief memorandum describing the facts and disposition of the suit.
(b)  Not later than the 90th day after the date on which the state auditor's office receives the memorandum required by Subsection (a), the auditor may audit or investigate the state governmental entity to determine any changes necessary to correct the problems that gave rise to the whistleblower suit and shall recommend such changes to the Legislative Audit Committee, the Legislative Budget Board, and the governing board or chief executive officer of the entity involved.  In conducting the audit or investigation, the auditor shall have access to all records pertaining to the suit.
Added by Acts 1995, 74th Leg., ch. 721, Sec. 10, eff. June 15, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 555 - State Agency Records Relating to License Holders or Other Regulated Persons › Subchapter A. General Provisions › Section 555.001. Definitions

Sec. 555.001.  DEFINITIONS.  In this chapter, "state agency," "license," and "contested case" have the meanings assigned by Section 2001.003.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 555 - State Agency Records Relating to License Holders or Other Regulated Persons › Subchapter A. General Provisions › Section 555.002. Rules

Sec. 555.002.  RULES.  A state agency may adopt fair and reasonable rules, minimum standards, and limitations that are appropriate for implementing this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 555 - State Agency Records Relating to License Holders or Other Regulated Persons › Subchapter A. General Provisions › Section 555.003. Exception

Sec. 555.003.  EXCEPTION.  This chapter does not apply to files that relate to drivers of motor vehicles and that are maintained by the Department of Public Safety under Subchapter C, Chapter 521, Transportation Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.194, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 555 - State Agency Records Relating to License Holders or Other Regulated Persons › Subchapter B. Procedures Relating to License Records › Section 555.021. Maintenance and Accessibility of License Records

Sec. 555.021.  MAINTENANCE AND ACCESSIBILITY OF LICENSE RECORDS.  (a)  Each state agency that issues a license shall keep in its files records relating to each license holder regulated by the agency.
(b)  The agency shall maintain the files in a manner that permits public access to:
(1)  all information in the files relating to a license holder regulated by the agency, including information about a contested case, unless the information is excepted by law from public disclosure;  and
(2)  notice of information in the file as described by Section 555.022.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 555 - State Agency Records Relating to License Holders or Other Regulated Persons › Subchapter B. Procedures Relating to License Records › Section 555.022. Removal of Records From File

Sec. 555.022.  REMOVAL OF RECORDS FROM FILE.  (a)  On removal from a state agency file of information relating to the license status of one or more license holders, the agency shall:
(1)  describe the content of the removed record;
(2)  indicate the reason the particular record is not any longer part of the agency file;  and
(3)  state the date and time the record was removed.
(b)  This section does not apply to a record that is removed for destruction as permitted by law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 555 - State Agency Records Relating to License Holders or Other Regulated Persons › Subchapter B. Procedures Relating to License Records › Section 555.023. Agency File Diversification Permitted

Sec. 555.023.  AGENCY FILE DIVERSIFICATION PERMITTED.  (a)  A state agency is not required to discontinue or convert its records management procedures or systems in existence before June 14, 1989, to comply with this chapter.  An agency may continue to use those procedures and systems in conjunction with any changes made to comply with this chapter.
(b)  A state agency may not impede public access to records through use of a records management procedure or system that existed before June 14, 1989, if the public is entitled by law to access.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 556 - Political Activities by Certain Public Entities and Individuals › Section 556.001. Definitions

Sec. 556.001.  DEFINITIONS.  In this chapter:
(1)  "Appropriated money" means money appropriated by the legislature through the General Appropriations Act or other law.
(2)  "State agency" means:
(A)  a department, commission, board, office, or other agency in the executive branch of state government, created under the constitution or a statute, with statewide authority;
(B)  a university system or an institution of higher education as defined by Section 61.003, Education Code;  or
(C)  the supreme court, the court of criminal appeals, another entity in the judicial branch of state government with statewide authority, or a court of appeals.
(3)  "State employee" means an individual who is employed by a state agency.  The term does not include an elected official or an individual appointed to office by the governor or another officer.
(4)  "State officer" means an individual appointed to office by the governor or another officer.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 556 - Political Activities by Certain Public Entities and Individuals › Section 556.002. Application to Certain Entities and Individuals

Sec. 556.002.  APPLICATION TO CERTAIN ENTITIES AND INDIVIDUALS.  (a)  This chapter applies to the use of appropriated money by the following public entities and their officers and employees as if the entities were state agencies and their officers and employees were state employees:
(1)  a regional planning commission, council of governments, or similar regional planning agency created under Chapter 391, Local Government Code;
(2)  a local workforce development board created under Subchapter F, Chapter 2308;  and
(3)  a community center created under Subchapter A, Chapter 534, Health and Safety Code.
(b)  This chapter does not prohibit the payment of reasonable dues to an organization that represents student interests before the legislature or the Congress of the United States from that portion of mandatory student service fees that is allocated to the student government organization at an institution of higher education.  A mandatory student service fee may not be used to influence the outcome of an election.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 85, eff. June 19, 1997;  Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 556 - Political Activities by Certain Public Entities and Individuals › Section 556.003. State Employees' Rights

Sec. 556.003.  STATE EMPLOYEES' RIGHTS.  A state employee has the rights of freedom of association and political participation guaranteed by the state and federal constitutions except as provided by Section 556.004.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 556 - Political Activities by Certain Public Entities and Individuals › Section 556.004. Prohibited Acts of Agencies and Individuals

Sec. 556.004.  PROHIBITED ACTS OF AGENCIES AND INDIVIDUALS.  (a)  A state agency may not use any money under its control, including appropriated money, to finance or otherwise support the candidacy of a person for an office in the legislative, executive, or judicial branch of state government or of the government of the United States.  This prohibition extends to the direct or indirect employment of a person to perform an action described by this subsection.
(b)  A state officer or employee may not use a state-owned or state-leased motor vehicle for a purpose described by Subsection (a).
(c)  A state officer or employee may not use official authority or influence or permit the use of a program administered by the state agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose.
(d)  A state employee may not coerce, attempt to coerce, command, restrict, attempt to restrict, or prevent the payment, loan, or contribution of any thing of value to a person or political organization for a political purpose.
(e)  For purposes of Subsection (c), a state officer or employee does not interfere with or affect the results of an election or nomination if the individual's conduct is permitted by a law relating to the individual's office or employment and is not otherwise unlawful.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 556 - Political Activities by Certain Public Entities and Individuals › Section 556.005. Employment of Lobbyist

Sec. 556.005.  EMPLOYMENT OF LOBBYIST.  (a)  A state agency may not use appropriated money to employ, as a regular full-time or part-time or contract employee, a person who is required by Chapter 305 to register as a lobbyist.  Except for an institution of higher education as defined by Section 61.003, Education Code, a state agency may not use any money under its control to employ or contract with an individual who is required by Chapter 305 to register as a lobbyist.
(b)  A state agency may not use appropriated money to pay, on behalf of the agency or an officer or employee of the agency, membership dues to an organization that pays part or all of the salary of a person who is required by Chapter 305 to register as a lobbyist.  This subsection does not apply to the payment by a state agency of membership fees under Chapter 81.
(c)  A state agency that violates Subsection (a) is subject to a reduction of amounts appropriated for administration by the General Appropriations Act for the biennium following the biennium in which the violation occurs in an amount not to exceed $100,000 for each violation.
(d)  A state agency administering a statewide retirement plan may enter into a contract to receive assistance or advice regarding the qualified tax status of the plan or on other federal matters affecting the administration of the state agency or its programs if the contractor is not required by Chapter 305 to register as a lobbyist.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 249, Sec. 4.11, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 556 - Political Activities by Certain Public Entities and Individuals › Section 556.0055. Restrictions on Lobbying Expenditures

Sec. 556.0055.  RESTRICTIONS ON LOBBYING EXPENDITURES.  (a)  A political subdivision or private entity that receives state funds may not use the funds to pay:
(1)  lobbying expenses incurred by the recipient of the funds;
(2)  a person or entity that is required to register with the Texas Ethics Commission under Chapter 305;
(3)  any partner, employee, employer, relative, contractor, consultant, or related entity of a person or entity described by Subdivision (2);  or
(4)  a person or entity that has been hired to represent associations or other entities for the purpose of affecting the outcome of legislation, agency rules, ordinances, or other government policies.
(b)  A political subdivision or private entity that violates Subsection (a) is not eligible to receive additional state funds.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 556 - Political Activities by Certain Public Entities and Individuals › Section 556.006. Legislative Lobbying

Sec. 556.006.  LEGISLATIVE LOBBYING.  (a)  A state agency may not use appropriated money to attempt to influence the passage or defeat of a legislative measure.
(b)  This section does not prohibit a state officer or employee from using state resources to provide public information or to provide information responsive to a request.
Added by Acts 1997, 75th Leg., ch. 1035, Sec. 86, eff. June 19, 1997.  Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 556 - Political Activities by Certain Public Entities and Individuals › Section 556.007. Termination of Employment

Sec. 556.007.  TERMINATION OF EMPLOYMENT.  A state employee who causes an employee to be discharged, demoted, or otherwise discriminated against for providing information under Section 556.006(b) or who violates Section 556.004(c) or (d) is subject to immediate termination of employment.
Added by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1, 1999.